18.04.184 Dwelling, multiple.
"Dwelling, multiple" means a building or buildings designed and used for occupancy by three or more families, all living independently of each other and having separate kitchen and toilet facilities for each family. (Ord. 68-128 §5-105(part), 1968).
18.04.186 Dwelling, one family.
"Dwelling, one family" means a detached building designed or used exclusively for the occupancy of one family, and having kitchen and toilet facilities for only one family. (Ord. 68-128 §5-105(part), 1968).
18.04.188 Dwelling, two family.
"Dwelling, two family" means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. (Ord. 68-128 §5-105(part), 1968).
18.04.189 Second dwelling.
"Second dwelling" means a dwelling with separate kitchen and toilet facilities built after the occupancy of a one family dwelling on any one lot within a single family district. (Ord. 83 07 51, 1983).
18.04.190 Easement.
"Easement" means a space on a lot or parcel of land reserved for or used for public utilities or public or private uses. The special standards of Sections 18.32.060 through 18.32.340 shall apply. (Ord. 68-128 §5-105 (part), 1968).
18.04.192 Education institutions.
"Education institutions" means public and other nonprofit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research institutions and religious institutions. Such institutions must either:
A. Offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or
B. Confer degrees as a college or university of undergraduate or graduate standing, or C. Conduct research, or
Give religious instruction. This definition does not include schools, academies or institutes, incorporated or otherwise, which operate for a profit, nor does it include commercial or trade schools. (Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:24 [EST]
(Supp. No. 17)
18.04.194 Electric distribution substation.
"Electric distribution substation" means an electric substation with a primary voltage of 110 KV or less, with distribution circuits served therefrom.
(Ord. 68-128 §5-105(part), 1968).
18.04.195 Emergency shelter.
"Emergency shelter" means housing with minimal support for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care.
18.04.196 Employee housing:
"Employee Housing" means living quarters including dwellings, railroad maintenance cars, trailer coaches, or other housing accommodations maintained in connection with any work or place where work is being performed and the site on which they are located, excepting farmworker housing as defined in this section.
18.04.1976 Essential service.
"Essential service" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, or underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supplying, or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare.
(Ord. 68-128 §5-105(part), 1968).
18.04.198 Family.
"Family" means an individual or two or mere persons related by blood, marriage or adoption, with of without the addition of not more than three persons, excluding servants who are not related by blood, marriage of adoption to the resident persons, one or more persons living together in a single dwelling unit. 10rd. 68-128 §5 105(part), 1968).
18.04.200 Farm labor camp.
"Farm labor camp" means the same as "labor camp, farm." (Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:24 [EST]
(Supp. No. 17)
18.04.201 Farmworker housing.
"Farmworker Housing" means living accommodations for employees and their immediate families employed for the exclusive purpose of agricultural pursuits either on the premises or off-site. It includes single- or multi-unit dwellings, including mobile and manufactured homes.
18.04.202 Federal.
"Federal" means the government of the United States of America. (Ord. 68-128 §5-104(I), 1968).
18.04.204 Feed lot or feed yard.
"Feed lot" or "feed yard" means a lot, or portions of a lot, used for the enclosing and fattening of livestock for market, and not operated in connection with a bona fide farm. (Ord. 68-128 §5-105 (part), 1968).
18.04.206 Fence.
"Fence" means any structural device forming a physical barrier which is so constructed that not less than fifty percent of the vertical surface is open to permit the transmission of light, air and vision through said surface in a horizontal plane. (For board or other solid barriers, see "wall.") The special standards of Sections 18.32.060 through 18.32.340 shall apply.
(Ord. 68-128 §5-105(part), 1968).
18.04.208 Filling station.
"Filling station" means the same as "automobile service station." (Ord. 68-128 §5-105(part), 1968).
18.04.210 Fishery.
"Fishery" means any premises upon which breeding, hatching or fish rearing facilities are situated when such premises are required to have a license by the State Fish and Game Code, including ponds for commercial use. (Ord. 68-128 §5-105 (part), 1968).
18.04.212 Flood control channel.
"Flood control channel" means the same as "drainage channel." (Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:24 [EST]
(Supp. No. 17)
18.04.214 Floor area.
Whenever the term "floor area" is used in this title as a basis for requiring off-street parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories or basement of the structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches. (Ord. 68-128 §5-105(part), 1968).
18.04.216 Floor space index.
"Floor space index" means the ratio of gross building floor area to total lot area expressed as a fraction.
Example: Two square feet of gross floor area for each three square feet of total lot area would result in a "floor space index" of 2:3.
(Ord. 68-128 §5-105(part), 1968).
18.04.218 Fraternity.
"Fraternity" means a building or structure housing a group of men associated for their common interest.
Such group may eat, sleep and otherwise use such facilities as are provided on the premises. (Ord. 68-128 §5-105(part), 1968).
18.04.220 Freeway, landscaped.
"Freeway, landscaped" means a freeway which is landscaped and maintained by a public authority. (Ord. 68-128 §5-105(part), 1968).
18.04.222 Freeway or expressway.
"Freeway or expressway" means a highway for through traffic with full or partial control of access and generally with grade separations at intersections.
(Ord. 68-128 §5-105 (part), 1968).
18.04.224 Frontage.
"Frontage" means that portion of a parcel of property which abuts a dedicated public street or highway. (Ord. 68-128 §5-105(part), 1968).
18.04.226 Frontage street, service road or outer highway. "Frontage street, service road or outer highway" means those roads which parallel freeways, expressways or important highways, providing for access to abutting property or for circulation, and being separated from the highway by a dividing strip.
(Ord. 68-128$5-105(part), 1968).
Created: 2022-08-25 12:02:24 [EST]
(Supp. No. 17)
18.04.228 Front wall.
"Front wall" means the wall of a building or structure nearest the street which the building fronts, but excluding certain architectural features as cornices, canopies, eaves or embellishments. (Ord. 68-128 §5-105(part), 1968).
18.04.229 Funeral home.
"Funeral home" means an establishment where the dead are prepared for burial or cremation, where the body may be viewed, and where funeral services are sometimes held (also called funeral parlor, mortuary). (Ord. 95-01(part), 1995).
18.04.230 Garage, private.
"Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports. (Ord. 68-128 $5-105(part), 1968).
18.04.232 Garage, public.
"Garage, public" means any garage other than a private garage. (Ord. 68-128 §5-105(part), 1968).
18.04.234 Garage, repair.
"Garage, repair" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale. (Ord. 68-128 §5-105(part), 1968).
18.04.236 Garage, storage.
"Garage, storage" means any premises used exclusively for the storage of vehicles. (Ord. 68-128 §5-105(part), 1968).
18.04.238 Garbage.
"Garbage" means any waste food material of an animal or vegetable nature, including that which may be used for the fattening of livestock.
(Ord. 68-128 §5-105 (part), 1968).
(Supp. No. 17) Created: 2022-08-25 12:02:24 [EST]
18.04.240 Golf course.
"Golf course" means a lot or portion of a lot used for the playing of golf, including pitch-and-putt courses, but shall not include driving ranges, miniature golf courses or other similar commercial enterprises. (Ord. 68-128 §5-105(part), 1968).
18.04.242 Grade.
"Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five feet in a horizontal distance of one hundred feet would be expressed as a grade of twenty-five percent. (See also "slope.")
(Ord. 68-128 §5-105(part), 1968).
18.04.244 Greenhouse.
"Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants. The special standards of Sections 18.32.060 through 18.32.340 shall apply.
(Ord. 68-128 §5-105(part), 1968).
18.04.246 Group houses.
"Group houses" means two or more separate buildings, each containing one or more dwelling units. (Ord. 68-128 §5-105(part), 1968).
18.04.248 Guest.
"Guest" means any transient person who occupies a room for sleeping purposes. (Ord. 68-128 §5-105(part), 1968).
18.04.250 Guest home.
"Guest home" means the same as "rest home."
(Ord. 68-128 §5-105(part), 1968).
18.04.252 Guest house.
"Guest house" means the same as "accessory living quarters." (Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:24 [EST]
(Supp. No. 17)
18.04.254 Guest ranch.
"Guest ranch" means a building or buildings housing guests, providing meals and rooms, having recreational activities of one or more types, for compensation.
(Ord. 68-128 §5-105(part), 1968).
18.04.256 Guest room.
"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities, not including dormitories. (Ord. 68-128 §5-105(part), 1968).
18.04.258 Half-story.
"Half-story" means a story under a gable, hip or gambrel roof, plates of which are not more than three feet above the floor of such story.
(Ord. 68-128 §5-105(part), 1968).
18.04.260 Hedge.
"Hedge" means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.
(Ord. 68-128 §5-105(part), 1968).
18.04.262 Height of building.
"Height of building" means the same as "building, height of." (Ord. 68-128 §5-105(part), 1968).
18.04.264 Highway setback line.
"Highway setback line" means the future right-of-way line or plan lines of any highway as shown on the official plan of streets and highways for highway use. A yard abutting such a highway shall be measured from this future right-of-way line.
(Ord. 68-128 §5-105(part), 1968).
18.04.266 Hog ranch.
"Hog ranch" means any premises where five or more weaned hogs are maintained. (Ord. 68-128 §5-105(part), 1968).
Created: 2822-68-25 12:82:24 [EST]
(Supp. No. 17)
18.04.268 Home for the aged.
"Home for the aged" means the same as "rest home."
(Ord. 68-128 §5-105(part), 1968).
18.04.270 Home occupation.
"Home occupation" means any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof.
A. Such home occupations may include:
1. Consultive professional occupations, whose function is one of rendering a service, and which do not involve the dispensation of goods or products;
2. The selling or otherwise disposing of agricultural services and products produced on the premises;
3. Secondary business offices, where the business has its principal office, staff and equipment located elsewhere;
4. Farm management offices, where an agricultural operation on the premises requires such office;
5. The giving of music lessons and similar instructions; The home office of a salesman, where all sales are done by written or phone order with no commodities or displays on the premises;
Drafting, printing, designing and the like, using drafting, printing, photocopying and designing equipment;
8. Operating a rental business, where the goods or services rented involve party, wedding or entertainment needs and supplies.
B. The following criteria shall apply for the evaluation of "home occupation":
1. There shall be no employment of help other than the members of the resident family;
2. There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby uses, except as may be necessary for the home occupation;
3. There shall be no sales of products or services not produced, assembled or packaged on the premises;
4. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located, except as necessary for the pickup or delivery of supplies, materials or products to or from the home occupation;
It shall not involve the use of commercial vehicles for delivery of materials more than twice pe month to or from the premises, other than vehicles not to exceed one ton and vehicles owned by the operator of such home occupations, which shall be stored in an entirely enclosed garage;
6. There shall be no excessive or unsightly storage of materials or supplies, indoor or outdoor, for purposes other than those permitted in the district;
Created: 2022-08-25 12:02:24 [EST]
(Supp. No. 17)
7. It shall not involve the use of signs or structures other than those permitted in the district of which it is a part;
8. Not more than one room in the dwelling shall be employed for the home occupation;
9. No building or space outside of the main building shall be used for home occupational purposes except for agricultural uses;
10. In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use and the home occupation shall not involve materials or construction, lighting, signs, sounds or noises, vibrations which become a public nuisance; and
11. There shall be no use of city utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the district.
C. The issuance of a business license to any applicant for the conduct of a home occupation shall constitute an irrevocable permit to operate the home occupation for the duration of the licensing period shown on the permit so long as the character and mode of operation meet the standards of this section and no further permit or approvals shall be required. (Ord. 94-09 §1, 1994; Ord. 68-128 §5-105 (part), 1968).
18.04.272 Hospital.
"Hospital" means any building or portion thereof used for the accommodation and medical care of sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums, institutions for the cure of chronic drug addicts and mental patients.
(Ord. 68-128 §5-105(part), 1968).
18.04.274 Hospital, animal.
"Hospital, animal" means the same as "animal hospital." (Ord. 68-128 §5-105(part), 1968).
18.04.276 Hotel.
"Hotel" means any building or portion thereof designed or used, or containing six or more guest rooms or suites of rooms, but not including any institutions in which human beings are housed or detained under legal restraint.
(Ord. 68-128 §5-105(part), 1968).
18.04.278 House court.
"House court" means the same as "bungalow court."
(Ord. 68-128 §5-105(part), 1968).
Created: 2822-08-25 12:02:24 [EST]
(Supp. No. 17)
18.04.280 House trailer.
"House trailer" means the same as "trailer, automobile." (Ord. 68-128 §5-105(part), 1968).
18.04.282 Industrial classifications.
"Industrial classifications" means that when a use is listed as permitted, permitted subject to conditions, or is expressly prohibited, that the use shall be as defined in the latest edition of the Standard Industrial Classification Manual, Executive Office of the President, Bureau of the Budget, on file at the City Hall, if defined therein. (Ord. 68-128 §5-105(part), 1968).
18.04.284 Industry.
"Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
(Ord. 68-128 §5-105(part), 1968).
18.04.286 Intent and purpose.
"Intent and purpose" means that the commission and city council, by the adoption of this title, have made a finding that the health, safety and welfare of the community will be served by the creation of the district and by the regulations prescribed therein.
(Ord. 68-128 §5-105(part), 1968).
18.04.287 Junior accessory dwelling unit.
"Junior accessory dwelling unit" means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
18.04.288 Junk.
"Junk" means any worn out, cast-off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purposes as readily as when new, shall not be considered "junk."
(Ord. 68-128 §5-105(part), 1968).
18.04.290 Junkyard.
"Junkyard" means any lot, or the use of any portion of a lot, for the dismantling of machinery, not including motor vehicles, or for the storage or keeping for sale of parts and equipment resulting from such dismantling or Created: 2022-08-25 12:02:25 [EST]
(Supp. No. 17)
wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials, with no burning permitted. For motor vehicles, see "automobile wrecking yard." (Ord. 68-128 §5-105 (part), 1968).
18.04.292 Kennel.
"Kennel" means any lot or premises on which four or more dogs and/or cats at least four months of age are kept, boarded or trained, whether in special buildings or runways or not. (Ord. 68-128 §5-105(part), 1968).
18.04.294 Kitchen.
"Kitchen" means any room or area intended or designed to be used or maintained for the cooking, storing and preparation of food.
(Ord. 68-128 §5-105(part), 1968).
18.04.296 Labor camp, permanent farm.
"Labor camp, permanent farm" means living quarters, dwellings, boarding houses, bunkhouses, automobile trailers or other permanent housing accommodations maintained in connection with any farm work or place where farm work is being performed, provided for the housing of five or more farm employees. (Ord. 68-128 §5-105(part), 1968).
18.04.298 Labor camp, temporary farm.
"Labor camp, temporary farm" means living quarters such as tents or automobile trailers temporarily maintained in connection with any farm work or place where farm work is being performed on the premises, provided for the camping of five or more temporary farm employees. Such camp shall be occupied or used for a period not to exceed ninety consecutive days.
(Ord. 68-128 §5-105(part), 1968).
18.04.300 Landscaping.
"Landscaping" means and includes the original planting of suitable vegetation in conformity with the requirements of this title and the continued maintenance thereof. (Ord. 68-128 §5-105(part), 1968).
18.04.302 Loading.
"Loading" means the removal or placement of any commodity in, on or from a vehicle of any type. (Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:25 [EST]
(Supp. No. 17)
18.04.304 Loading space.
"Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley, or other appropriate means of ingress and egress. (Ord. 68-128 §5-105(part), 1968).
18.04.306 Local street or local highway.
"Local street or local highway" means a street or road primarily for service to abutting property. (Ord. 68-128 §5-105(part), 1968).
18.04.308 Lodging house.
"Lodging house" means the same as "boarding house."
(Ord. 68-128 §5-105(part), 1968).
18.04.310 Lot.
"Lot" means:
A. A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the office of the county recorder; or
B. A parcel of real property delineated on an approved record of survey, lot split or sub-parceling map as filed in the office of the county recorder or in the City Hall and abutting at least one public street or right-of-way or approved private road right-of-way; or
C. A parcel of real property containing not less area than required by the district in which it is located, abutting at least one public street or right-of-way or approved private road right-of-way and held under separate ownership from abutting property.
(Ord. 68-128 §5-105(part), 1968).
18.04.312 Lot area.
"Lot area" means the total of the area, measured in a horizontal plane, within the lot lines of a lot. (Ord. 68-128 §5-105 (part), 1968).
18.04.314 Lot, corner.
"Lot, corner" means a lot located at the intersection or interception of two or more streets at an angle of not more than one hundred twenty degrees. If the angle is greater than one hundred twenty degrees, the lot shall be considered an "interior lot."
(Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:25 [EST]
(Supp. No. 17)
18.04.316 Lot, corner, reversed.
"Lot, corner, reversed" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not. (Ord. 68-128 §5-105(part), 1968).
18.04.318 Lot coverage.
"Lot coverage" means that portion of a lot or building site which is occupied by any building or structure, excepting paved areas, walks, and swimming pools, regardless of whether the building or structure is intended for human occupancy.
(Ord. 68-128 §5-105(part), 1968).
18.04.320 Lot, cul-de-sac.
"Lot, cul-de-sac" means a lot fronting on, or with more than one-half of its lot width fronting on, the turn- around end of a cul-de-sac street.
(Ord. 68-128 §5-105(part), 1968).
18.04.322 Lot, curve.
"Lot, curve" means a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of two hundred feet or less.
(Ord. 68-128 §5-105(part), 1968).
18.04.324 Lot depth.
"Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
(Ord. 68-128 §5-105 (part), 1968).
18.04.326 Lot, interior.
"Lot, interior" means a lot other than a corner lot.
(Ord. 68-128 §5-105(part), 1968).
18.04.328 Lot line.
"Lot line" means any line bounding a lot as herein defined. (Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:25 [EST]
(Supp. No. 17)
18.04.330 Lot line, front.
"Lot line, front" means the property line abutting a street. The special standards of Sections 18.32.060 through 18.32.340 shall apply.
(Ord. 68-128 §5-105(part), 1968).
18.04.332 Lot line, rear.
"Lot line, rear" means a lot line, not abutting a street, which is opposite and most distant from the front lot line. The special standards of Sections 18.32.060 through 18.32.340 shall apply. (Ord. 68-128 55-105(part), 1968).
18.04.334 Lot line, side.
"Lot line, side" means any lot line not a front lot line or rear lot line. The special standards of Sections
18.32.060 through 18.32.340 shall apply.
(Ord. 68-128 §5-105(part), 1968).
18.04.336 Lot, nonconforming.
"Lot, nonconforming" means a lot having less area or dimension than that required in the district in which it is located, and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county recorder, which does not abut a public road or public road right-of-way or approved private road right-of-way and which was lawfully created prior to the effective date of this title. (Ord. 68-128 §5-105(part), 1968).
18.04.338 Lot of record.
"Lot of record" means a lot held in separate ownership as shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located. (Ord. 68-128 §5-105(part), 1968).
18.04.340 Lot, through.
corner lot. The special standards of Sections 18.32.060 through 18.32.340 shall apply. "Lot, through" means a lot having frontage on two dedicated streets, not including a corner or reversed (Ord. 68-128 $5-105(part), 1968).
18.04.342 Lot width.
"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
Created: 2822-88-25 12:02:25 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-105(part), 1968).
18.04.343 Low barrier.
"Low barrier" means best practice to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
2. Pets.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
18.04.344 Low-barrier navigation center.
"Low-barrier navigation center" means a housing-first, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
18.04.3454 Major street or major highway or county road. "Major street or major highway or county road" means a highway with intersections at grade and on which partial control of access and geometric design and traffic control measures are used to expedite the safe movement of through traffic. Major streets or major highways or county roads shall be designated on the official general plan of the city.
(Ord. 68-128 §5-105 (part), 1968).
18.04.346 Manufactured home.
"Manufactured Home" means a factory-built structure that is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, National Manufactured Housing Construction and Safety Standards Act of 1974, and/or California law and is to be used as a place for human habitation. The structure is manufactured either in whole or in substantial part at an off-site location, transported to the site, assembled on-site, and placed on a permanent foundation. For the purpose of this Development Code, a manufactured home shall be considered the same as any site-built, single-family detached dwelling. Manufactured home is not inclusive of a mobile home unless the mobile home has been converted to real property and is taxed as a site-built dwelling.
18.04.3476 Marquee.
"Marquee" means a permanent roofed structure attached to and supported by the building and projecting over public property.
Created: 2022-08-25 12:02:25 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-105(part), 1968).
18.04.3487 Reserved.
Editor's note(s)-Ord. No. 2017-03, § 3, adopted Nov. 15, 2017, repealed § 18.04.347 (now § 18.04.348), which pertained to medical marijuana dispensary and derived from Ord. No. 2009-05, § 3, 1-6-2010.
18.04.348 Medical office.
"Medical office" means any building or portion of a building used or intended to be used as an office for the practice of any type of medicine, including chiropractic, dentistry or optometry. It shall also include a clinic of a medical or dental nature.
(Ord. 68-128 §5-105(part), 1968).
18.04.350 Medical or dental clinic.
"Medical or dental clinic" means the same as "medical office." (Ord. 68-128 §5-105(part), 1968).
18.04.352 Mobilehome.
"Mobilehome" means a structure, transportable in one or more sections, designed to be used with or without a permanent foundation, which contains not more than one dwelling unit, and which is not a recreational vehicle, commercial coach or factory-built house.
(Ord. 83-06 §1, 1983: Ord. 68-128 §5-105(part), 1968).
18.04.354 Motel.
"Motel" means a building or group of buildings used for transient residential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used primarily for the accommodation of transient automobile travelers, including groups designated as auto cabins, motor courts, motor hotels and similar designations. (Ord. 68-128 §5-105(part), 1968).
18.04.356 Nonconforming building.
"Nonconforming building" means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. See Sections 18.44.010 through
18.44.080 for regulations.
(Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:25 [EST]
(Supp. No. 17)
18.04.358 Nonconforming use.
"Nonconforming use" means a use lawful when established but which does not conform to subsequently established zoning or zoning regulations. See Sections 18.44.010 through 18.44.080 for regulations. (Ord. 68-128 §5-105(part), 1968).
18.04.360 Nursery school.
"Nursery school" means the same as "day nursery."
(Ord. 68-128 §5-105(part), 1968).
18.04.362 Nursing home.
"Nursing home" means the same as "hospital."
(Ord. 68-128 §5-105(part), 1968).
18.04.364 Official plan lines.
"Official plan lines" means the same as "highway setback lines." (Ord. 68-128 §5-105(part), 1968).
18.04.366 Outdoor advertising.
"Outdoor advertising" means and includes the definitions of "advertising structure" and "sign." (Ord. 68-128 §5-105 (part), 1968).
18.04.368 Parking area, private.
"Parking area, private" means an area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking provides space for more than four cars. (Ord. 68-128 §5-105(part), 1968).
18.04.370 Parking area, public.
"Parking area, public" means an area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration. (Ord. 68-128 §5-105(part), 1968).
Created: 2822-88-25 12:02:25 [EST]
(Supp. No. 17)
18.04.372 Parking area, residential.
"Parking area, residential" means an area, other than a street, located on the subject lot for the parking of vehicles owned by the residents of such lot. Such areas shall be permitted only in the several agricultural districts.
All other residential districts shall provide garage or carport facilities. (Ord. 68-128 §5-105 (part), 1968).
18.04.374 Parking district.
"Parking district" means the same as the P district, Chapter 18.30, for purposes of this title. It shall not mean a government parking district maintained by the federal, state, county or city governments. (Ord. 68-128 §5-105(part), 1968).
18.04.376 Parking space, automobile.
"Parking space, automobile" means an area, other than a street or alley, reserved for the parking of an automobile, such space having a dimension not less than eight and one-half by twenty feet, plus such additional area as is necessary to afford adequate ingress and egress. The special standards of Sections 18.32.060 through
18.32.340 shall apply.
(Ord. 68-128 §5-105(part), 1968).
18.04.378 Parkway.
"Parkway" means an arterial highway with full or partial control of access, and located within a park or ribbon of parklike development.
(Ord. 68-128 §5-105 (part), 1968).
18.04.380 Patio, covered.
"Patio, covered" means the same as "structure."
(Ord. 68-128 §5-105(part), 1968).
18.04.382 Person.
"Person" means an individual, firm or co-partnership joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, city, county, special district or any other group or combination acting as an entity.
(Ord. 68-128 §5-105 (part), 1968).
18.04.384 Petroleum bulk plant.
"Petroleum bulk plant" means a local wholesale distribution facility designed to serve the needs of the immediate surrounding area.
Created: 2922-08-25 12:82:25 [EST)
(Supp. No. 17)
(Ord. 68-128 §5-105(part), 1968).
18.04.386 Pharmacy or prescription pharmacy.
"Pharmacy or prescription pharmacy" means a retail store engaged in, and limited to, the sale of prescription drugs, patent medicines and surgical supplies. The sale of magazines, newspapers, books and tobacco products, household appliances, hardware, other sundry goods, or other general merchandise, food or drinks shall not be permitted. Liquor and cosmetics shall not be sold except by prescription. (Ord. 68-128 §5-105 (part), 1968).
18.04.388 Place.
"Place" means an open, unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.
(Ord. 68-128 §5-105(part), 1968).
18.04.390 Professional office.
"professional office" means any building or portion of a building used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant, doctor, dentist and other similar professions. (Ord. 97-6 §1, 1997: Ord. 68-128 §5-105 (part), 1968).
18.04.392 Property line.
"Property line" means the same as "lot line."
(Ord. 68-128 §5-105(part), 1968).
18.04.394 Provisions.
"Provisions" means all regulations and requirements referred to in the text of this code. (Ord. 68-128 §5-105(part), 1968).
18.04.396 Quarry.
"Quarry" means any premises from which rock, sand, gravel and similar resources are being removed or are intended to be removed.
(Ord. 68-128 §5-105(part), 1968).
18.04.398 Quasi-public organizations.
"Quasi-public organizations" means any nongovernment organization that is devoted to public service and welfare.
(Ord. 68-128 $5-105(part), 1968).
Created: 2822-68-25 12:02:25 (EST]
(Supp. No. 17)
18.04.400 Ramada.
"Ramada" means an arbor or pergola-like structure.
(Ord. 68-128 §5-105 (part), 1968).
18.04.402 Residence.
"Residence" means a building used, designed, or intended to be used as a home or dwelling place, for one or more families.
(Ord. 68-128 §5-105(part), 1968).
18.04.403 Residential care facility.
"Residential care facility" means a facility that provides permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. "Residential care facility, small" means a facility serving six or few people. "Residential care facility, large" means a facility serving more than six people.
18.04.404 Restaurant.
"Restaurant" means any building or structure in which food and drinks are prepared for service to customers within such structure.
(Ord. 68-128 §5-105(part), 1968).
18.04.406 Rest home or home for the aged.
"Rest home or home for the aged" means premises used for the housing of and caring for the ambulatory, aged, or infirm, which premises require a license from the state or county. The special standards of Sections
18.32.060 through 18.32.340 shall apply.
(Ord. 68-128 §5-105(part), 1968).
18.04.408 Retail store.
"Retail store" means a business selling goods, wares or merchandise directly to the ultimate consumer. (Ord. 68-128 §5-105(part), 1968).
18.04.410 Rezoning.
"Rezoning" means the same as "zoning district, change of." Created: 2022-08-25 12:02:26 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-105(part), 1968).
18.04.412 Road.
"Road" means the same as "street."
(Ord. 68-128 §5-105 (part), 1968).
18.04.414 Room.
"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.
(Ord. 68-128 §5-105(part), 1968).
18.04.416 Rooming house.
"Rooming house" means the same as "boarding house."
(Ord. 68-128 §5-105(part), 1968).
18.04.418 Sanitarium.
"Sanitarium" means a health station or retreat or other place where patients are housed and where medical or surgical treatment is given. This does not include mental institutions or places for the treatment of narcotics (Ord. 68-128 §5-105(part), 1968).
18.04.420 School, elementary, junior high or high.
"School, elementary, junior high or high" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. Such institutions shall offer general academic instruction equivalent to the standards prescribed by the State Board of Education. (Ord. 68-128 §5-105(part), 1968).
18.04.422 School, private.
"School, private" means an institution conducting regular academic instruction at kindergarten, elementary and secondary levels, operated by a nongovernmental organization. (Ord. 68-128 §5-105(part), 1968).
18.04.424 School, trade.
"School, trade" means schools offering preponderant instruction in the technical, commercial, or trade skills, such as real estate schools, business colleges, electronics schools, automotive and aircraft technicians' schools and similar commercial establishments operated by a nongovernmental organization.
Created: 2022-88-25 12:02:26 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-105(part), 1968).
18.04.426 Separate ownership.
"Separate ownership" means ownership of a parcel of land by a person who does not own any of the land abutting such parcel.
(Ord. 68-128 §5-105(part), 1968).
18.04.428 Service station.
"Service station" means the same as "automobile service station." (Ord. 68-128 §5-105 (part), 1968).
18.04.430 Setback line, front yard.
"Setback line, front yard" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established. (Ord. 68-128 §5-105(part), 1968).
18.04.432 Setback line, highway.
"Setback line, highway" means the same as "highway setback line." (Ord. 68-128 §5-105 (part), 1968).
18.04.434 Setback line, rear yard or side yard.
"Setback line, rear yard or side yard" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.
(Ord. 68-128 §5-105 (part), 1968).
18.04.436 Shall and may.
"Shall" is mandatory, and "may" is permissive.
(Ord. 68-128 §5-104(J), 1968).
18.04.438 Sign.
"Sign" means any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services, upon which the sign is exhibited.
Created: 2822-08-25 12:82:26 [EST]
(Supp. No. 17)
This definition does not include official notices issued by a court or public body or officer or directional, warning or information signs or structures required by or authorized by law or by federal, state, county or city (Ord. 68-128 §5-105 (part), 1968).
18.04.439 Single room occupancy:
"Single room occupancy (SRO)" means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer.
18.04.440 Site plan.
"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See Chapter 18.40 of this code for requirements. (Ord. 68-128 §5-105(part), 1968).
18.04.442 Site plan review.
"Site plan review" means the review by the commission of a site plan and other studies to assist the commission to determine the manner in which the applicant intends to make use of his property. (Ord. 68-128 §5-105 (part), 1968).
18.04.444 Slope.
"Slope" means a natural or artificial incline, as a hillside or terrace. "Slope" is usually expressed as a ratio: for example, a horizontal distance of one hundred feet with a rise of fifty feet would be expressed as a 2:1 slope. (See also "grade" and "top and toe of slope.")
(Ord. 68-128 §5-105(part), 1968).
18.04.446 Sorority.
"Sorority" means a building or structure housing a group of women associated for their common interest.
Such group may eat, sleep and otherwise use such facilities as are provided on the premises. (Ord. 68-128 §5-105(part), 1968).
18.04.447 Specified and anatomical areas.
"Specified and anatomical areas" means human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered.
The term also includes human male genitals in a discernibly turgid state, even if completely and opaquely covered (Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:26 [EST]
(Supp. No. 17)
18.04.447-1 Specified sexual activities.
"Specified sexual activities" means any of the following:
A. Human genitals in a state of sexual stimulation or arousal; B. Acts of human masturbation, sexual intercourse, sodomy, bestiality, cunnilingus, fellatio, necrophilia, pedophilia, coprophagy or coprophilia; or
C. Fondling or other erotic touching of the human genitals, public region, buttock or female breast. (Ord. 85-19 §1(part), 1985).
18.04.448 Stable, private.
"Stable, private" means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale. (Ord. 68-128 §5-105(part), 1968).
18.04.450 Stable, public.
"Stable, public" means a stable other than a private stable. (Ord. 68-128 §5-105 (part), 1968).
18.04.452 State.
"State" means the state of California.
(Ord. 68-128 §5-104(K), 1968).
18.04.454 Story.
"Story" means a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above. (Ord. 68-128 §5-105(part), 1968).
18.04.456 Story, one-half.
"Story, one-half" means the same as "half-story."
(Ord. 68-128 55-105 (part), 1968).
18.04.458 Street.
"Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other through-fare except as excluded in this title.
Created: 2822-08-25 12:02:26 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-105 (part), 1968).
18.04.460 Street centerline.
"Street centerline" means the centerline of a street right-of-way as established by official surveys. (Ord. 68-128 §5-105(part), 1968).
18.04.462 Street line.
"Street line" means the boundary line between street right-of-way and abutting property. (Ord. 68-128 §5-105(part), 1968).
18.04.464 Street, local.
"Street, local" means any street, dedicated as such, serving as the principal means of access to property, which street is not shown as a major or secondary highway or major traffic street on the general plan of the city. (Ord. 68-128 §5-105(part), 1968).
18.04.466 Street, side.
"Street, side" means that street bounding a corner or reversed corner and which extends in the same general direction as the line determining the depth of the lot. (Ord. 68-128 §5-105 (part), 1968).
18.04.468 Structural alteration.
"Structural alteration" means any change in the supporting members of a building, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining walls or similar components.
(Ord. 68-128 §5-105(part), 1968).
18.04.470 Structure.
"Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work (Ord. 68-128 §5-105(part), 1968).
18.04.472 Structure, advertising.
"Structure, advertising" means the same as "advertising structure." (Ord. 68-128 §5-105 (part), 1968).
Created: 2022-68-25 12:02:26 [EST]
(Supp. No. 17)
18.04.474 Structure, temporary.
"Structure, temporary" means a structure which is readily movable and used or intended to be used for a period not to exceed ninety consecutive days. The special standards of Sections 18.32.060 through 18.32.340 shall apply.
(Ord. 68-128 §5-105(part), 1968).
18.04.476 Supermarket.
"Supermarket" means a market having ten thousand or more square feet of floor area devoted principally to the sale of food.
(Ord. 68-128 §5-105(part), 1968).
18.04.477 Supportive housing.
"Supportive housing " means housing with no limit on length of stay that is occupied by the target population and that is linked to onsite or offsite services that assist residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use, and is allowed in all districts that allow residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district.
18.04.478 Swimming pool.
"Swimming pool" means any permanent structure containing a body of water intended for recreational uses, and includes wading pools.
(Ord. 68-128 §5-105(part), 1968).
18.04.479 Temporary caretaker office/unit.
"Temporary caretaker office/unit" means a unit to provide office space and living purposes solely for the store management personnel. This unit is considered temporary with an approved conditional use permit valid for a maximum of three years.
(Ord. 93-07 §1, 1993).
18.04.480 Toe of slope.
"Toe of slope" means that point or line of initial break where the terrain changes to an upward direction or downward direction.
(Ord. 68-128 §5-105(part), 1968).
18.04.482 Tourist court.
"Tourist court" means the same as "motel."
Created: 2022-08-25 12:02:26 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-105(part), 1968).
18.04.484 Trading area.
"Trading area" means the area served by an existing commercial development or to be served by the proposed commercial development and from which the development draws its support. (Ord. 68-128 §5-105(part), 1968).
18.04.486 Trailer, automobile.
"Trailer, automobile" means a vehicle without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and to be used for human habitation or for carrying property, including a trailer coach. (Ord. 68-128 §5-105 (part), 1968).
18.04.488 Trailer coach.
"Trailer coach" means any camp car, trailer or other vehicle, with or without motive power, designed and constructed to travel on the public thoroughfares in accordance with the provisions of the State Vehicle Code, and designed or used for human habitation.
A. A dependent trailer coach is one not equipped with a toilet for sewage disposal.
B. An independent trailer coach is one equipped with a toilet for sewage disposal. (Ord. 68-128 §5-105(part), 1968).
18.04.490 Trailer court or trailer park.
"Trailer court" or "trailer park" means a space, area or building designed, equipped or maintained for the harboring, parking or storing of two or more trailer coaches, or house cars which haul such trailer coaches, or house cars being used as living or sleeping quarters for humans. (Ord. 68-128 §5-105(part), 1968).
18.04.492 Trailer, residential.
"Trailer, residential" means the same as "trailer coach," and shall be used for human habitation only. (Ord. 68-128 §5-105(part), 1968).
18.04.493 Transitional housing:
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use; and is allowed in all districts that allow Created: 2022-08-25 12:02:26 [EST]
(Supp. No. 17)
residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district.
18.04.494 Truck service station.
"Truck service station" means an occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for "automobile service station." (Ord. 68-128 §5-105(part), 1968).
18.04.496 Truck and trailer sales lot.
"Truck and trailer sales lot" means an open area where trucks or trailers are sold, leased or rented and where no repairs, repainting or remodeling are done.
(Ord. 68-128 §5-105 (part), 1968).
18.04.498 Unit planned development.
"Unit planned development" means a residential development under one ownership which is designed and built as a planned unit by such one ownership.
(Ord. 68-128 §5-105(part), 1968).
18.04.500 Urban area.
"Urban area" means any land which is included in the R-1, R-2, R-3, T-P, C-P, C-4, C-5 and/or M-1 districts. (Ord. 68-128 §5-105(part), 1968).
18.04.502 Urban lot.
"Urban lot" means any lot which lies, in whole or in part, within the boundaries of an urban area, as defined above.
(Ord. 68-128 §5-105(part), 1968).
18.04.504 Used.
"Used" includes the words "arranged for, designed for, occupied or intended to be occupied for." (Ord. 68-128 §5-104(L), 1968).
18.04.506 Used materials yard.
"Used materials yard" means any lot or portion of any lot used for the storage of used materials. This shal not include "junkyards" or "automobile wrecking yards." (Ord. 68-128 §5-105 (part), 1968).
Created: 2022-08-25 12:02:26 [EST]
(Supp. No. 17)
18.04.508 Utility easement.
"Utility easement" means the same as "easement."
(Ord. 68-128 §5-105(part), 1968).
18.04.510 Visual obstruction.
"Visual obstruction" means any fence, hedge, tree, shrub, wall or structure exceeding three feet in height, measured from the crown of intersecting or intercepting streets, alleys or driveways, which limit the visibility of persons in motor vehicles on said streets, alleys or driveways. This does not include trees kept trimmed of branches below a minimum height of seven feet.
(Ord. 68-128 §5-105(part), 1968).
18.04.512 Wading pools.
"Wading pools" means the same as "swimming pools."
(Ord. 68-128 §5-105(part), 1968).
18.04.514 Wall.
"Wall" means any structure or device forming a physical barrier, which is so constructed that fifty percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane. The special standards of Sections 18.32.060 through 18.32.340 shall apply. (Ord. 68-128 §5-105(part), 1968).
18.04.516 Warehousing.
"Warehousing" means a building or buildings used for the storage of goods of any type, when such building or buildings contains more than five hundred square feet of storage space, and where no retail operation is conducted. Also see "wholesaling."
(Ord. 68-128 §5-105 (part), 1968).
18.04.518 Water supply, private.
"Water supply, private" means a water supply provided by a publicly-owned corporation or a private organization which has a permit to serve two or more dwelling units or abutting properties (Ord. 68-128 55-105(part), 1968).
18.04.520 Wholesaling.
"Wholesaling" means the selling of any type of goods for the purpose of resale. (Ord. 68-128 §5-105(part), 1968).
Created: 2922-08-25 12:02:27 [ESTI
(Supp. No. 17)
18.04.522 Yard.
"Yard" means any open space on the same lot with a building or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for the projections or accessory buildings or structures permitted by this title.
(Ord. 68-128 §5-105(part), 1968).
18.04.524 Yard, front.
"Yard, front" means a space between the front yard setback line and the front lot line or highway setback line, and extending the full width of the lot.
(Ord. 68-128 95-105(part), 1968).
18.04.526 Yard, rear.
"Yard, rear" means a space between the rear yard setback line and the rear lot line, extending the full width of the lot.
(Ord. 68-128 §5-105(part), 1968).
18.04.528 Yard, side.
"Yard, side" means a space extending from the front yard, or from the front lot line where no front yard is required by this title, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. (Ord. 68-128 §5-105(part), 1968).
18.04.530 Zone.
"Zone" means the same as "district."
(Ord. 68-128 §5-105(part), 1968).
18.04.532 Zone map.
"Zone map" means the official zone map of the city.
(Ord. 68-128 §5-104(M), 1968).
18.04.534 Zoning district.
"Zoning district" means the same as "district."
(Ord. 68-128 §5-105(part), 1968).
Created: 2022-08-25 12:02:27 [EST]
(Supp. No. 17)
18.04.536 Zoning district, change of.
"Zoning district, change of means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the zone map of the city. (Ord. 68-128 §5-105(part), 1968).
18.04.538 Zoning ordinance.
"Zoning ordinance" or "ordinance" means the comprehensive zoning ordinance of the city. (Ord. 68-128 §5-104(N), 1968).
Chapter 18.06 DISTRICTS
Sections:
18.06.010 Designated.
In order to carry out the orderly development of this community and the provisions of this title, the city is divided into ten land use districts.
Chapter Symbol District
A. 18.24 Open conservation district
18.28 R-1 Single family residential district
C. 18.32 R-2 Low density multiple family residential district D. 18.36 R-3 Medium density multiple family residential district E. 18.40 T-P Trailer park residential district
18.44 C-P Administrative professional office district
18.48 C-4 Central trade district
H. 18.52 C-5 General commercial district
18.56 M-1 Light manufacturing district
18.60 P Off-street parking district
All of the general conditions of Chapter 18.32 of this code, where applicable, shall apply to each of these districts.
(Ord. 68-128 §5-201, 1968).
Created: 2022-88-25 12:02:27 [EST]
(Supp. No. 17)
Title 18 - ZONING
Chapter 18.08 ZONING MAP AND DISTRICT BOUNDARIES
Chapter 18.08 ZONING MAP AND DISTRICT BOUNDARIES
Sections:
18.08.010 Map-Designated.
The official zone map for Parlier, California, consists of one map on file at the City Hall. Upon this map is shown each zone district. Said map is adopted and made part of this title. 10rd. 68-128 95-202 (1), 1968).
18.08.020 District boundaries-Determination.
A. Where indicated, district boundaries are approximately street, alley or lot lines. Said lines are determined to be the boundaries of the district. Otherwise, the boundaries shall be determined by the dimensions shown on the "official zone map." In the absence of a dimension, the boundary shall be determined by use of the scale shown on the map.
B. A street, alley, railroad or railway, right-of-way, watercourse, drainage channel or body of water included on the zone map shall, unless otherwise indicated, be included within the zone of adjoining property on either side thereof, and where such street, alley, watercourse, drainage channel or body of water serves as a boundary between two or more different zoning districts, the centerline of such right-of-way, watercourse, channel or body of water shall be considered the boundary between zoning districts.
C. In the event that a vacated street, alley, right-of-way or easement was the boundary between two districts, the new zoning district boundaries shall be at the new property line.
D. Where uncertainties exist, the commission shall, by written decision, determine the location of the district boundary.
(Ord. 68-128 §5-202(2), 1968).
18.08.030 Map-Filing.
The original of the official zone map shall be kept on file in the office of the city clerk of the city. (Ord. 68-128 §5-202(3), 1968).
18.08.040 Map-Amendments-Record-keeping and updating.
The city clerk shall keep a record of all amendments to the zoning map. Upon filing of the amendments, a new zone map shall be prepared showing the changes or amendments enacted. (Ord. 68-128 §5-202(4), 1968).
Chapter 18.10 ANNEXED AREAS
Sections:
Parlier, California, Code of Ordinances Created: 2822-08-25 12:82:27 [EST] (Supp. No. 17)
18.10.010 Procedures for annexation.
The following procedure shall apply to all newly annexed areas to the city:
4. Any area annexed to the city after May 4, 1968 shall be automatically placed in districts in accordance witl the following table unless otherwise zoned in the annexation procedure as provided in B below City zoning County zoning
0, R-1 Agricultural Districts - O, AE-40, AE-20, AE-5, A-2, R-A, R-1-A, R-1-AH, R-1-B, R-1-C, R-1.
B. For areas proposed to be annexed to the city which are in any districts which would be zoned on an interim basis, during the annexation proceeding, then the following procedure may apply:
1. Manager may make a recommendation to the commission for the zoning of an area proposed for annexation, which shall include such areas as fall within one mile of the exterior boundaries of the city, and base-d on the general plan. Such recommendation shall be approved by the commission.
2. The commission may hold a public hearing, giving notices as required in Chapter 18.48, "change of zone procedure," to determine their recommendations for the zoning of the area proposed to be annexed.
3. The council may determine the zoning of an area to be annexed as part of the annexation procedure, based on the recommendation of the commission and the general plan.
4. When such zoning or annexed area is to be effective at the time of such annexation, the city clerk shall have made a recommendation to the commission, and the commission shall have held its public hearing in order that the council may determine the proper zoning by an ordinance to be effective upon the passage of such annexation.
C. Within six months after the effective date of any annexation, where the area has been zoned only in an interim zone, the commission shall, on its own motion, recommend to the council after notice and public hearing, as provided in the chapter on zoning ordinance amendment and the adoption of an amendment to this title classifying property.
(Ord. 68-128 §5-203, 1968).
Chapter 18.12 O DISTRICT-OPEN CONSERVATION
Sections:
18.12.010 Intent.
The intent of the O open conservation district is to provide for permanent open spaces in the community and to safeguard the health, safety and welfare of the people. This will be accomplished by limiting developments in areas where police and fire protection are not readily available, and where protection against flooding by storm water and dangers from excessive erosion are not possible without excessive costs to the community. (Ord. 68-128 §5-204, 1968).
Created: 2822-08-25 12:02:27 [EST]
(Supp. No. 17)
18.12.020 Uses permitted-Generally.
The following uses shall be permitted in the O district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.12.060 through 18.12.170.
A. Flood control channels, spreading grounds, settling basins, parkways, park drives; B. Recreation areas, parks, playgrounds, wildlife preserves and such buildings and structures as are related thereto;
C. Agricultural uses provided that no dwellings, either temporary or permanent, be permitted in relation thereto;
D. Fisheries;
E. Signs, subject to provisions of Section 18.12.100-
E. Farmworker housing, no more than 12 units or 36 beds; G. Farmworker housing, more than 12 units or 36 beds.
(Ord. 68-128 §5-204.1, 1968).
18.12.030 Uses permitted-Subject to commission review and approval.
The following uses shall be permitted subject to review and approval by the commission:
Radio receivers and transmitter towers and structures.
(Ord. 68-128 §5-204.2, 1968).
18.12.040 Uses permitted-Subject to conditional use permit.
The following uses shall be permitted subject to a conditional use permit as provided for in Section
18.32.040:
A. Quarries. Extraction, processing, removing and stockpiling of rock, sand and gravel, including the installation or maintenance or operation of rock crushing plants or apparatus, and Portland cement Batching plants, in such areas in the O district as the commission and council may approve, if within ninety days after such approval and continuously thereafter, the outer boundaries of such areas have been continuously posted with signs not less than five hundred feet apart and at each change of direction of the outer boundary line in such a manner as will reasonably give notice to bypasses of matters contained in such notice, stating in letters not less than four inches in height: "Rock Quarry Area," and stating in letters not less than one inch in height: "This property may be used at any time for rock quarry, sand, gravel pit, rock crushing plant or any use allowed in the O Open Conservation District." The following standards shall apply:
1. All equipment and premises used for such purposes shall be constructed, maintained, and operated in such a manner, as far as is practicable, as to eliminate noise or vibration or dust, which are injurious or annoying to persons living in the vicinity.
2. All private truck roads connecting rock quarries, processing plants or stockpiles shall be kept wetted while being used or shall be oiled or hard-surfaced and maintained so as to prevent the creation of dust.
Created: 2022-08-25 12:02:27 [EST]
(Supp. No. 17)
3. Such use shall by not less than fifty feet from:
a. Any property in any district other than O district;
b. Any property other than a lot or parcel of land being so used unless the written consent of the owner in fee of such property is first secured;
c. Any highway, street, or flood control easement.
4. The rock crushing plant or other apparatus for the manufacture of rock, sand or gravel, except primary crushing operations in conjunction with the excavation, shall be not less than seven hundred and fifty feet from any residential district.
5. No production from an open pit shall be permitted which creates a slope steeper than one foot horizontal to one foot vertical. A steeper slope may be permitted by permit from the city, but in no case may such slope be permitted within two hundred feet of any property line.
6. Property to be used for such excavation shall be enclosed along the exterior boundaries thereof as excavation progresses by a fence or wall not less than six feet in height.
Traffic warning signs required by the city shall be maintained by the operator of such quarry.
8. If within five hundred feet of a residential area, a plant shall not be operated on any property except between the hours of six a.m. and ten p.m., except in case of a public emergency, or whenever any reasonable or necessary repairs to equipment are required to be made. The provision of paragraph 1 of this section shall also apply to this paragraph.
9. Approval shall be subject to the submission of a site plan as provided in Chapters 18.38 and 18.40 of this code and a contour plan and section showing the projected excavation.
B. Removal of natural resources other than as provided for in paragraph A above, subject to the applicable regulations of said paragraph;
Caretaker's dwelling, and necessary accessory buildings. (Ord. 68-128 §5-204.3, 1968).
18.12.050 Prohibited uses.
The following uses are expressly prohibited in the O district:
A. Residential uses, except as provided for in Section 18.12.040 above; B. Commercial uses other than those related to and under the regulations of parks or city, county, state or federal recreational agencies;
c. Industrial uses, excepting as listed in Sections 18.12.020 through 18.12.040; D. Advertising structures.
(Ord. 68-128 §5-204.4, 1968).
18.12.060 Property development standards.
The following property development standards in Sections 18.12.070 through 18.12.170 apply to all land and structures in the O district.
(Ord. 68-128 §5-204.5(part), 1968).
Created: 2022-88-25 12:82:27 [EST]
(Supp. No. 17)
18.12.070 Lot area.
There shall be a minimum lot area of five acres.
(Ord. 68-128 §5-204.5(A), 1968).
18.12.080 Lot dimensions.
No requirements.
(Ord. 68-128 $5-204.5(B), 1968).
18.12.090 Population density.
None, however, the provisions of Section 18.12.040 shall apply. (Ord. 68-128 §5-204.5(C), 1968).
18.12.100 Building height.
No building or structure erected in this district shall have a height greater than one story, not to exceed fifteen feet, with the following exceptions:
B. Exceptions:
1. Public utility and public service structures;
All other buildings or structures which the commission determines are necessary for reasonable operation of permitted uses.
(Ord. 68-128 §5-204.5(D), 1968).
18.12.110 Yard requirements.
The requirements of the R-1 district, Section 18.14.100, shall apply. (Ord. 68-128 §5-204.5(E), 1968).
18.12.120 Space between buildings.
No requirements.
(Ord. 68-128 §5-204(F), 1968).
18.12.130 Lot coverage.
Permitted buildings and structures shall not exceed ten percent of the total lot area. (Ord. 68-128 §5-204.5(G), 1968).
Created: 2022-88-25 12:02:27 [EST]
(Supp. No. 17)
18.12.140 Fences and walls.
A. For extraction, processing and removing of rock, sand and gravel, the provisions of Section 18.12.040(6) shall apply.
B. A fence or wall shall be constructed along the perimeter of all areas designated by the commission to be dangerous to the health, safety and general welfare.
Corner Cut-off Areas. The following regulations shall apply to all intersections of streets, alleys or private driveways, in order to provide adequate visibility for vehicular traffic. There shall be no visual obstruction within the cut-off areas established herein.
1. There shall be a corner cut-off area at all intersecting streets or highways. The cut-off line shall be a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line as the case may be. It shall pass through the points located on both the slde and front (or rear) property lines at a distance of thirty feet from the intersection of such lines at the corner of a street or highway.
2. There shall be a corner cut-off area on each side of any private driveway intersecting a street or alley.
The cut-off lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line as the case may be. They shall pass through a point not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.
There shall be a corner cut-off area on each side of any alley intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.
4. Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, the corner cut-off shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines. (Ord. 68-128 §5-204.5(H), 1968).
18.12.150 Off-street parking.
No requirements, except that where a congregation of people is intended, there shall be one parking space for each five persons which the facility is intended or designed to serve. (Ord. 68-128 §5-204.5(1), 1968).
18.12.160 Access.
No requirements, other than where a congregation of people is intended, in which case access to parking areas shall be from a dedicated and improved street or by way of an easement legally established for vehicular traffic.
(Ord. 68-128 §5-204.5(J), 1968).
18.12.170 Outdoor advertising.
Signs shall be permitted subject to the following standards:
Created: 2822-88-25 12:82:27 [EST]
(Supp. No. 17)
The sign shall in no way endanger the health and safety by causing distractions to operators of motor vehicles on the streets or highways, nor shall any sign be designed and located so as to be confused with traffic signs and signals.
(Ord. 68-128 §5-204.5(K), 1968).
Chapter 18.14 R-1 DISTRICT-SINGLE FAMILY RESIDENTIAL
Sections:
18.14.010 Intent.
The R-1 district is intended to provide for the development of single-family residential homes at urban standards on lots not less than five thousand square feet in area, not more than one dwelling unit permitted on any lot. All regulations for this district are deemed to be necessary for the protection of the quality of the residential environment and for the securing of the health, safety and general welfare of the residents. (Ord. 84-08 §3, 1984: Ord. 68-128 §5-214(part), 1968).
18.14.020 Uses permitted-Generally.
The following uses shall be permitted in the R-1 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.14.080 through 18.14.160:
A. One-family dwelling units, not more than one dwelling per lot; B. Garages and carports;
C. Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square D. Home occupations, the provisions of Section 18.04.270, "home occupations" shall apply; E. Signs, subject to the provisions of Section 18.14.160; F. House trailer parking, subject to the provisions of Section 18.20.150; G. Second Accessory dwelling units, if constructed on or before June 23, 1983, provided that the second accessory dwelling unit conforms with the requirements of Section 18.14.168;= H. Employee housing, six persons or fewer;
I. Residential care facility, small;
J. Transitional housing.
(Ord. 85-16 §1, 1985; Ord. 85-03 §1(A), 1985: Ord. 68-128 §5-214.1, 1968).
18.14.030 Uses permitted-Subject to commission review and approval.
The following uses shall be permitted subject to review and approval by the commission:
A. Day nurseries, for no more than four children;
B. Microwave relay structures;
Created: 2022-08-25 12:02:27 [EST]
(Supp. No. 17)
C. Public parks and playgrounds;
D. Public schools;
Temporary construction materials storage yards, in the tract being developed; F. Temporary tract offices and model homes, in the tract being developed; G. Water pump stations.
(Ord. 68-128 §5-214.2, 1968).
18.14.040 Uses permitted-Subject to conditional use permit.
Under certain conditions and restrictions uses will be permitted. The following uses shall be permitted subject to conditional use permit as provided for in Section 18.32.040:
A. Churches and parochial schools;
B. Country clubs and golf courses;
C. Nursery schools or child care nurseries, caring for five but not more than ten children; D. Off-site subdivision signs, subject to conditions of Section 18.14.060; E. Private schools;
F. Public libraries;
G. Utility distribution substations, other than a water pumping station; H. Communication equipment buildings;
Second dwellings, if constructed after June 23, 1983, provided that the second dwelling unit conforms with the requirements of Section 18.14.168;
Funeral homes.
(Ord. 95-01(part), 1995; Ord. 85-16 §2, 1985; Ord. 83-07 §2, 1983; Ord. 68-128 §5-214.3, 1968).
18.14.045 Mobile and manufactured homes permitted with a site plan review.
Mobile and manufactured homes are permitted, not more than one dwelling per lot, subject to the development standards for the district.
(Ord. 2(part), 1983).
18.14.050 Prohibited uses.
The following uses are expressly prohibited in the R-1 district:
A. Multiple residential uses, except as permitted under under the "second dwelling" provisionssection
18.14.168 of this chapter;
B. Commercial uses;
C. Industrial uses;
D. Poultry and rabbit raising;
Created: 2022-08-25 12:02:27 [EST]
(Supp. No. 17)
E. Agricultural uses not specifically listed as permitted; F. Advertising structures;
G. Adult uses.
(Ord. 85-19 §4, 1985; Ord. 683-07 §3, 1983; Ord. 68-128 §5-214.4, 1968).
18.14.058 Property development standards.
The property development standards in Sections 18.14.060 through 18.14.170 shall apply to all land and structures in the R-1 district.
(Ord. 83-06 §2 (part), 1983).
18.14.060 Lot area.
Each lot shall have a minimum area of five thousand square feet. Where a lot or parcel of land was of record under separate ownership as of May 4, 1968, such lot may be used for or occupied by any use permitted in this district, irrespective of the lot area.
(Ord. 84-08 §1, 1984: Ord. 68-128 §5-214.5(A), 1968).
18.14.070 Lot dimensions.
All lots created after the effective date of the ordinance codified in this section shall comply with the following minimum standards, and lots now existing may not be reduced below the standards.
A. Width.
1. Interior lots shall have a minimum width of fifty feet.
2. Corner lots shall have a minimum width of fifty-five feet.
3. Reverse corner lots shall have a minimum width of sixty feet.
4. Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty feet.
B. Depth. No requirement.
(Ord. 84-09 §1, 1984: Ord. 68-128 §5-214.5(B), 1968).
18.14.080 Population density.
One-family dwellings, not more than one dwelling per lot; except that second dwellings when approved in accordance with provisions of this chapter shall be permitted on each lot. (Ord. 83-07 §4, 1983: Ord. 68-128 §5-214.5(C), 1968).
18.14.090 Building height.
No main building or structure erected in this district shall have a height greater than two stories, not to exceed twenty-five feet.
Created: 2822-88-25 12:02:27 [EST]
(Supp. No. 17)
B. No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet, to plate height.
C. No accessory building erected in this district shall have a height greater than seven feet.
Exceptions: All buildings designed or erected after the effective date of the ordinance codified in this section and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located, with the following exceptions:
Roof structures, for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space.
(Ord. 85-03 §1(B), 1985: Ord. 68-128 §5-214.5(D), 1968).
18.14.100 Yard and setback requirements.
A. Schedule. (For placement of typical features on average lot, see diagram on file at city hall.)
MAIN BUILDING ACCESSORY BUILDING GARAGE AND CARPORT
A - FRONT YARD A - FRONT YARD A - FRONT YARD
1A NORMAL 20 1. NORMAL 20 1. NORMAL /20
FEET FEET FEET
1B REQUIRING SITE 50
PLAN FEET
REVIEW AT
2. CUL-DE-SAC LOTS 20 2. CUL-DE-SAC LOTS 20 2. CUL-DE-SAC LOTS 20
FEET FEET FEET
3. CURVED LOTS 20 3. CURVED LOTS 20 3. CURVED LOTS 20
FEET FEET FEET
4. MIN. FOR 20 4. MIN. FOR 20 4. MIN. FOR 20
PARTIALLY FEET PARTIALLY FEET PARTIALLY FEET
BUILT UP BLOCKS. BUILT UP BLOCKS. BUILT UP BLOCKS.
5. VARIATION 5 5. VARIATION 5 5. VARIATION 5
ALLOWED FEET ALLOWED FEET ALLOWED FEET
FOR NEIGHBORHOOD FOR NEIGHBORHOOD FOR NEIGHBORHOOD
UNIT PLAN. UNIT PLAN. UNIT PLAN.
B - SIDE YARD B - SIDE YARD B - SIDE YARD
1. NORMAL 5 IA WHEN LESS THAN 5 1A WHEN LESS THAN 5
FEET 85 FEET 85 FEET
FT. FROM FRONT FT. FROM FRONT
PROPERTY LINE. PROPERTY LINE.
Created: 2022-88-25 12:82:27 LEST]
(Supp. No. 17)
1B WHEN 85 FEET OR NONE 1B WHEN 85 FEET OR NONE
MORE FROM FRONT MORE FROM FRONT
PROPERTY LINE. PROPERTY LINE.
2. CORNER LOTS 10 2. CORNER LOT 10 2. CORNER LOT 10
FEET WHEN FEET WHEN FEET
ABUTTING A STREET. ABUTTING A STREET.
3. REVERSE CORNER 15 3. REVERSE CORNER 15 3. REVERSE CORNER 20 LOTS FEET | LOTS FEET LOTS WHEN FEET
ABUTTING A STREET.
4. FROM OPPOSITE 30 4. FROM OPPOSITE 25 4. FROM OPPOSITE
SIDE FEET SIDE FEET SIDEOF ALLEY, WHEN LINE
OF ALLEY, WHEN OF ALLEY WHEN OPENING IS ON
ABUTTING ALLEY. OPENING IS ON ALLEY 5 FOOT MIN.
ALLEY FROM PROPERTY
- 5 FOOT MIN. FROM LINE.
PROPERTY LINE.
C- REAR YARD C- REAR YARD C- REAR YARD
1A NORMAL 20 1. WHEN NOT NONE 1. WHEN NOT NONE
FEET ABUTTING ABUTTING
ON ALLEY OR ON ALLEY OR
EASEMENT. EASEMENT.
2. REVERSE CORNER 5 2. REVERSE CORNER
LOT, ABUTTING FEET LOT, ABUTTING FEET
STREET AND ACCESS STREET AND ACCESS
ON STREET. ON STREET.
3. FROM OPPOSITE 25 3. FROM OPPOSITE 25
SIDE FEET SIDE FEET
OF ALLEY WHEN OF ALLEY WHEN
OPENING IS ON OPENING IS ON
ALLEY5 FT. ALLEY
MINIMUM FROM 5 FT. MINIMUM
PROPERTY LINE. FROM
Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.
(Ord. 68-128 §5-214.5(E), 1968).
Created: 2822-88-25 12:82:27 [EST]
(Supp. No. 17)
18.14.110 Space between buildings.
The minimum space between a main building and an accessory building shall be six feet. If attached by a breezeway roof, the space between the two structures shall be considered as an outer court. If an accessory building is used for a garage where vehicular access to the garage faces any main building the garage shall be twenty-five feet from any main building.
(Ord. 68-128 §5-214.5(F), 1968).
18.14.120 Lot coverage.
The maximum lot coverage by buildings or structures shall not exceed thirty percent of the total lot area, except that the city administrator is authorized to allow on a case-by-case basis, without the necessity of hearing thereon, that the maximum lot coverage by buildings or structures shall not exceed forty percent of the total lot (Ord. 91-02 §1, 1991: Ord. 68-128 §5-214.5(G), 1968).
18.14.130 Fences, hedges and walls-Swimming pool setback requirements.
A.
Front Yard Side Yard Rear Yard
Interior lot 3 feet 5 feet 3 feet
Reversed 3 feet Street side 3 feet 3 feet
corner
B. Notwithstanding the requirements of subsection (A) of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings st.-1a, 1b or st.-2. c. Notwithstanding the requirements of subsection (A) of this section, for buildings designated as church or parochial school use under Section 18.14.040 of this code, perimeter fences may extend to six feet in height if constructed of wrought iron or other similar material, subject to city staff review and approval. The standards of Section 18.04.206 shall apply.
D.
E. Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, the enclosure shall be equipped with self-latching gates doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is run into the pool.
F. Setback requirements for swimming pools:
Front Yard Side Yard Rear Yard
Created: 2822-08-25 12:82:27 [EST]
(Supp. No. 17)
5 feet inside of the required front (1) 5 feet inside of the required side 8 feet from rear lot line setback line setback line when abutting a side
street
(2) 5 feet inside of the interior side
lot line
(Ord. 88-05 §1, 1988; Ord. 68-128 §5-214.5(H), 1968).
(Ord. No. 2007-02, § 1, 10-17-2007; Ord. No. 2016-04, § 1, 10-5-2016)
18.14.140 Off-street parking.
The following provisions shall apply, subject to the general conditions of Section 18.32.140:
A. For residential uses: There shall be at least two garage covered spaces for every dwelling unit. These spaces shall be on the same lot.
B. Each covered space shail have a minimum of twenty feet in width, twenty feet in length. Space shall be clear of obstructions.
C. Every single-family dwelling hereafter erected, reconstructed or structurally altered, shall be provided with the minimum parking space and facility as required by the provisions of this chapter, which parking space shall be continuously available and maintained, with access suitable for vehicles to and from a public street or alley.
D. The provisions of this chapter shall not be construed to require the provisions of additional parking space or facility in the case of reconstruction or structural alterations of any building, provided such building was in existence at the time the ordinance codified in this title was adopted.
Any reconstruction permitted under this provision must be completed within one year following the remodel of such existing building, or within six months after the adoption of the ordinance codified in this title, whichever is the latest.
(Ord. 94-11 §1, 1995: Ord. 68-128 §5-214.5(I), 1968).
18.14.150 Access.
A. There shall be vehicular access from a dedicated and improved street or alley to off-street parking facilities on the property requiring off-street parking.
B. There shall be pedestrian access from a dedicated and improved street to property used for residential purposes.
There shall be no vehicular access to residential property from major and secondary highways or county roads as shown on the general plan, excepting in cases where lots were of record on May 4, 1968, or where such access cannot be provided by way of an alley or service road. There shall be an adequate paved turning area on lots facing on and having access to major and secondary highways or county roads to permit motor vehicles to head into the street.
D. If vehicular access is by way of a driveway parallel to the side lot line, the accessway shall be ten feet wide, beginning from the street or alley to the building site. (Ord. 68-128 §5-214.5(J), 1968).
Created: 2822-08-25 12:82:27 [EST]
(Supp. No. 17)
18.14.160 Outdoor advertising-Signs.
Unlighted signs and other commercial advertising shall be permitted in this district only as herein provided.
A. Name plates shall be permitted subject to the following conditions:
1. Name plates shall not exceed two square feet in area.
2. Name plates shall display only the:
a. Name of the premises upon which it is displayed;
b. Name of the owner or lessee of the premises;
C. Address of the premises; and
d. Nature of the home occupation engaged in on the premises.
B. "For rent" and "for sale" signs shall be permitted. Not more than two such signs, not exceeding a total of six square feet in area, shall be permitted on any lot or parcel.
C. Subdivision Signs-On-site.
1. Temporary real estate signs advertising real property which has been subdivided for purposes of sale or lease shall be permitted, subject to the following conditions:
a. The construction of any sign shall be in strict compliance with the provisions of this title and all other laws of the city.
b. The sign shall remain only as long as some portion of the property advertised for sale remains unsold, or for a period of two years, whichever period is shorter. c. The signs shall be located on the premises which they advertise. d. No sign shall exceed one hundred square feet in area.
2. Indentification signs containing the tract name are permitted provided there shall be not more than one sign for each three lots. Said signs shall not exceed four square feet.
3. Signs are permitted on the same lot with a model home provided they do not exceed four in number and ten square feet each in area. Said signs shall be removed after the developer concludes the initial sale of the lots or homes to their initial owners.
D. Subdivision Signs-Off-Site-Temporary Real Estate Directional Signs. Temporary real estate directional signs, subject to conditional use permit, directing prospective purchasers to a subdivision having lots or houses for sale, may be erected and maintained provided the signs do not created hazardous traffic conditions. Such signs shall be subject to the following standards:
1. The signs shall advertise only the name of the tract, simple directions to its location, and slogan, if any.
2. The sign shall not exceed eighty square feet in area.
3. The sign shall be set back not less than eight feet from the front property line.
4. The sign shall not exceed fourteen feet in height.
(Ord. 68-128 §5-214.5(K), 1968).
Created: 2022-88-25 12:82:28 [EST]
(Supp. No. 17)
18.14.165 Mobile and manufactured home standards.
Mobile and manufactured homes shall, at a minimum, conform to the following standards:
A. The mobile or manufactured home must be placed on a solid concrete or masonry foundation.
B. Exterior siding materials shall extend to the ground.
C. The minimum roof overhang on a mobile or manufactured home shall be twelve inches.
D. Metal siding or roofing shall be permitted subject to the approval of minor variance.
Except as the standards contained herein conflict with other development standards, the development standards of this chapter shall also apply to mobile and manufactured homes. (Ord. 83-06 §2(part), 1983).
18.14.168 Secend Accessory dwelling unit standards-
A. Purpose. This section establishes development and operations standards for accessory dwelling units and establishes a ministerial review process for the approval of such accessory dwelling units consistent with Government Code Section 66310, as may be amended from time to time. implements Government Code 66310 as may be amended from time to time.
B. Density and Consistency. Accessory dwelling units that conform to the requirements of this section and with the requirements of Government Code Section 66310 shall:
1. Not be considered for the purposes of evaluating the density requirements established in the General Plan.
2. Not be considered new residential uses for the purposes of calculating local agency connections or capacity charges for utilities, including water and sewer service.
C. Application. Application for a permit for an accessory dwelling unit or a junior accessory dwelling unit shall be the same as application for a building permit for a single-family residence.
D. Filing Fee. The filing fee associated with an accessory dwelling unit, or a junior accessory dwelling unit shall be calculated in the same manner as the filing fee associated within a single-family residence.
E. Mandatory Approval ADUs. The following types of ADUs shall be permitted in residential or mixed-use zones, unless specifically stated otherwise, and shall comply with the following criteria. No additional developments standards shall apply.
1. Detached Accessory Dwelling Units
a. Location
1. Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
2. Detached ADUs may be located in an existing accessory structure. b. Maximum Number of Detached ADUs.
1. When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU and an existing or proposed JADU.
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
2. Existing and proposed multifamily developments may have one detached accessory dwelling unit for each primary dwelling unit within the existing or proposed multifamily development, up to a maximum of eight (8) total detached accessory dwelling units on the same lot.
3. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor area.
1. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
2. When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet.
3. When an existing accessory structure is converted to a detached ADU, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard. e. Maximum Height. The maximum height of detached ADUs shall be as follows:
1. For one story detached ADUs, the maximum height shall be 16 feet. Where the detached ADU is located within one-half mile walking distance of a minor transit stop or a high-quality transit corridor or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet.
2. For two story detached ADUs, the maximum height shall be 25 feet.
3. Height Exceptions.
a. An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. b. When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 18.14.168(E)(1)(e)(1) to an amount equal to the height of the existing accessory structure to be converted.
f. Parking
1. One parking space shall be required for use by the detached ADU in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered.
2. Exceptions. No parking shall be required in any of the following circumstances:
a. The detached ADU is located within one-half mile walking distance of public transit. b. The detached ADU is located within an architecturally and historically significant historic district.
c. The detached ADU is part of the proposed or existing primary residence or an accessory structure.
d. On-street parking permits are required but not offered to the occupant of the detached ADU
e. There is a car share vehicle located within one block of the detached ADU.
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
g. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. h. Development Standards. Detached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached ADU.
2. Attached ADUs.
a. Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
b. Maximum Number of Detached ADUs.
1. When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and an existing or proposed JADU.
2. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
1. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
2. The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard. e. Maximum Height. The maximum height of attached ADUs shall be two stories and 25 feet or the maximum height specified by the base zone district, whichever is lower. f. Parking
1. One parking space shall be required for use by the attached ADU in addition to the minimum parking required for the primary single-family dwelling. The surface of the parking space shall be improved and may be covered or uncovered. If the proposed or existing single-family dwelling provides two parking spaces on- site, no additional parking shall be required.
2. Exceptions. No parking shall be required in any of the following circumstances:
a. The attached ADU is located within one-half mile walking distance of public transit. b. The attached ADU is located within an architecturally and historically significant historic district.
c. The attached ADU is part of the proposed or existing primary residence or an accessory structure.
d. On-street parking permits are required but not offered to the occupant of the attached ADU
e. There is a car share vehicle located within one block of the attached ADU.
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
g. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created attached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. h. Development Standards. Attached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot attached ADU.
3. Conversion ADUs.
a. Location. Conversion ADUs are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. b. Maximum Number of Conversion ADUs. The maximum number of conversion ADUs allowed shall be no more than 25% of the number of existing or proposed multifamily units. However, in no case shall less than one conversion ADU be allowed.
_c. Floor Area.
1. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
2. The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting existing and eligible square footage that is less than 4 feet from the side, street side, or rear yard. e. Parking. No additional parking shall be required.
4. Junior ADUs (JADUs).
a. Location. JADUs must be accompanied by a proposed or existing single-family dwelling on a lot zoned for single-family use. A JADU must be located within the walls of the primary single-family dwelling, including but not limited to, an attached garage.
b. Maximum Number of JADUs.
1. When accompanied by a proposed or existing single-family dwelling, the maximum number of JADUs shall be one. The JADU may be in addition to an existing or proposed detached ADU and an existing or proposed attached ADU.
2. In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
1. The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
2. The maximum floor area shall 500 square feet.
d. Parking No parking shall be required for the JADU.
e. Exterior Access. Access shall be provided to the JADU independent from the primary dwelling. f. Sanitation Facilities. Sanitation facilities may be separate or shared with the primary dwelling. If shared with the primary dwelling, the JADU shall provide an interior entry to the living area of the primary dwelling, separate from the exterior access required to the JADU.
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
g. Kitchen Features. An efficiency kitchen shall be provided, including the following minimum features:
1. A cooktop, refrigerator, and compact sink. A removable hot plate may be considered a cooktop for purposes of this requirement. Appliances shall require no more than a 120-volt electrical connection.
2. Food preparation counter space of a minimum 24 inches in width and a minimum of one food storage cabinet of a minimum 24 inches in width.
h. Occupancy. Owner-occupancy shall be required in either the remaining portion of the primary dwelling or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency. land trust, or housing organization.
i. Deed Restriction. A deed restriction shall be recorded on the property which shall run with the land, and a copy of which shall be provided to the planning department. The deed restriction shall include both of the following:
1. A prohibition on the sale of the JADU separate from the sale of the single-family dwelling. including a statement that the deed restriction may be enforced against future purchasers.
2. A restriction on the size and attributes of the JADU that conforms with this section
5. Development and Occupancy Standards. The following standards shall apply to detached ADUs, attached ADUs, conversion ADUs, and JADUs.
a. Fire Sprinklers. Fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary dwelling(s). The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling. b. Long-term Rentals Only. Rental of the accessory dwelling unit created pursuant to this section shall be for a term longer than 30 days.
Second dwelling units may be permitted subject to the following standards:
A. An occupied dwelling unit shall exist on the lot before a second dwelling unit may be authorized.
However, the primary dwelling unit need not be the original structure on the lot.
B. The second dwelling unit may be either attached to or detached from the primary dwelling unit.
C. The second dwelling unit shall have a separate entrance and contain separate kitchen and bathroom facilities.
Đ. The second unit shall not cause excessive noise, traffic congestion, parking congestion or overloading of public facilities and shall be subject to all laws relating to health, safety and sanitation.
E. Mobile homes may be used as second dwelling units, subject to the architectural standards described in Section 18.14.165.
F. The owner or owners of a second dwelling unit shall pay the municipal water, sewer and solid waste collection fees for dwelling units.
G. The primary and second dwelling units shall not be used as dormitories, temporary or permanent farm labor camps, fraternity or sorority houses, or boarding or rooming houses, nor shall either dwelling unit be occupied by more than five adults.
H. There shall be a minimum of three off street parking spaces on each lot on which a second dwelling unit is located.
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
The second dwelling unit, if constructed after June 23, 1983, shall not exceed seventy five percent of the floor area of the primary dwelling unit, shall comply with all property development standards of the R 1 district, and shall be compatible in terms of design, height, colors, building materials and tandscaping with the appearance of the primary unit.
The second dwelling unit, if constructed on or before June 23, 1983, shall be considered a permitted use as provided in subsection F of Section 18.14.020, if the dwelling unit complies with all applicable standards of this section and the owner or owners declare the existence of the dwelling unit on a form provided by the city administrator within ninety days of the effective date of the ordinance from which this section derives.
A second dwelling unit that is subject to the provisions of this subsection and for which a declaration as required by this subsection has not been completed within the time provided or does not comply with the standards of this section shall be subject to the provisions of Chapter 18.44, Nonconforming Uses. fOrd. 85 16 33, 1985: Ord. 83 07 $5, 1983).
18.14.170 Site plan review.
Not more than one main building and no mobile or manufactured home shall be placed on any lot in this district, until a site plan has been submitted to and approved by the commission, pursuant to the provisions of Chapter 18.40.
(Ord. 83-07 §6, 1983: Ord. 68-128 §5-214.6, 1968).
Chapter 18.15 R-1, RS-10 OVERLAY DISTRICT
Sections:
18.15.010 Purpose and intent.
The purpose of the R1, RS-10 (R-1 rear setback 10) overlay district is to promote development within the R1, RS-10 district when would otherwise be prohibited in the R-1 zone district. The R1, RS-10 overlay district will ermit development of existing nonconforming building(s) on conforming and nonconforming lots by reducing th ninimum rear yard setback from twenty feet to ten feet. The intent is to provide a mechanism that will allow those parcels in the R1, RS-10 overlay district to construct, reconstruct, add additions or remodel with a minimum of a ten feet rear vard setback.
(Ord. 98-08 §1(part), 1998).
18.15.020 Applicability.
The provisions of this R1, RS-10 overlay district shall apply to those parcels designated on the official city zoning map.
(Ord. 98-08 §1(part), 1998).
18.15.040 Permitted uses subject to site plan approval.
Use permitted generally shall be the same as in the R-1 district, Section 18.14.020.
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
(Ord. 98-08 §1(part), 1998).
18.15.050 Permitted uses subject to a conditional use permit.
The uses permitted subject to a conditional use permit shall be the same as in the R-1 district, Section
18.14.040.
(Ord. 98-08 §1(part), 1998).
Chapter 18.16 R-2 DISTRICT-LOW DENSITY MULTIPLE FAMILY RESIDENTIAL Sections:
18.16.010 Intent.
The R-2 district is intended to provide for the development of low density multiple family residential structures where such buildings are reasonably spaced on the lot to provide for light, privacy, air, safety and insulation against transmission of sound on lots not less than six thousand square feet in area. (Ord. 68-128 §5-215, 1968).
18.16.020 Uses permitted-Generally.
The following uses shall be permitted in the R-2 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare:
A. Uses permitted in the R-1 district, shall apply:
1. One family dwelling units, not more than one dwelling per lot, Garages or carports,
3. Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet,
4. Home occupations, the provisions of Section 18.04.270, "home occupations" shall apply,
5. Signs, subject to the provisions of Section 18.16.170,
6. House trailer parking, subject to the provisions of Section 18.20.150; B. One-family, two-family or multifamily dwellings, either in one structure or in two or more detached buildings, subject to requirements for spaces between buildings. When more than one main building is placed on a lot, the provisions of Section 18.16.180 shall apply; Accessory uses customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business;
D. Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet;=
E. Accessory dwelling units, subject to the requirements of section 18.14.168; F. Employee housing, six persons or fewer;
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
G. Mobile and manufactured homes, in the same manner as they are permitted in section 18.14.045 and
18.14.165;
H. Residential care facility, small;
L. Supportive housing;
J. Transitional housing.
(Ord. 85-03 §1(C), 1985: Ord. 68-128 §5-215.1, 1968).
18.16.030 Uses permitted-Subject to commission review and approval.
The following uses shall be permitted subject to review and approval by the commission:
A. Churches and parochial schools;
B. Microwave relay structures;
C. Nursery school or day nursery, caring for not more than four children when subject lot is occupied by only one dwelling unit;
D. Private schools;
E. Public libraries;
F. Public parks and playgrounds;
G. Public schools,
H. Temporary construction materials storage yards, in the tract being developed; Temporary tract offices and model homes, in the tract being developed; J. Water pump stations.
(Ord. 68-128 §5-215.2, 1968).
18.16.040 Uses permitted-Subject to conditional use permit.
The following uses shall be permitted subject to a conditional use permit as provided for in Section
18.32.040:
A. Country clubs and golf courses;
B. Nursery schools or day nurseries, caring for five but not more than ten children when the subject lot is occupied on one dwelling unit;
Off-site subdivision signs, subject to the conditions of Section 18.14.160; D. Sanitariums and hospitals;
Unit planned developments;
F. Electric distribution substations and communications equipment buildings. (Ord. 68-128 §5-215.3, 1968).
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
18.16.050 Prohibited uses.
The following uses are expressly prohibited in the R-2 district:
A. Commercial uses, including commercial uses such as hotels, apartment hotels, motor courts, motels or other buildings wherein housing facilities are furnished to transient boarders or roomers; B. Industrial uses;
C. Agricultural uses;
D. Advertising structures;
E. Adult uses.
(Ord. 85-19 §5, 1985; Ord. 68-128 §5-215.3, 1968).
18.16.060 Property development standards.
The property development standards in Sections 18.16.060 through 18.16.070 shall apply to all land and structures in the R-2 district.
(Ord. 68-128 §5-215.5, 1968).
18.16.070 Lot area.
Each lot shall have a minimum area of six thousand square feet, except as provided in Section 18.16.090 below.
(Ord. 68-128 §5-215.5(A), 1968).
18.16.080 Lot dimensions.
All lots hereafter created shall comply with the following minimum standards and lots now existing may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required.
A. Width.
1. Interior lots shall have a minimum width of sixty feet.
2. Corner lots shall have a minimum width of sixty-five feet.
3. Reversed corner lots shall have a minimum width of seventy feet.
4. Lots siding on freeways or railroad rights-of-way shall have a minimum width of eighty feet.
5. Curve lots and cul-de-sacs lots shall have a minimum street frontage width of forty feet.
Depth.
1. Lots facing on local streets shall have a minimum depth of one hundred feet.
2. Lots facing on major or secondary highways shall have a minimum depth of one hundred twenty feet.
Created: 2822-88-25 12:02:28 [EST]
(Supp. No. 17)
3. Lots backing on freeways or railroad rights-of-way shall have a minimum depth of one hundred thirty feet.
(Ord. 68-128 §5-215(B), 1968).
18.16.090 Population density.
A. The following population density standards shall apply to all lots in this district:
Where both community water supply and public sewage disposal systems exist, there shall be a minimum of three thousand square feet of lot area for each dwelling unit.
B. A nonconforming lot of record under separate ownership at the time it became nonconforming may be used for or occupied by any use permitted in this district subject to the following limitations:
1. Where a lot has less than four thousand square feet of lot area or more, said lot shall not be used for more than one dwelling unit;
Where the lot has four thousand square feet of lot area but less than six thousand square feet of lot area, said lot shall not be used for more than two dwelling units. (Ord. 68-128 §5-215.5(C), 1968).
18.16.100 Building height.
A. No main building or structure erected in this district shall have a height greater than two and one-half stories, not to exceed thirty-five feet.
No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet to plate height.
No accessory building erected in this district shall have a height greater than seven feet.
D. Exceptions. All buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located, with the following exceptions:
Roof structures, for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smoke-stacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits prescribed in this section; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit, shall be allowed for the purpose of providing additional living or floor space.
(Ord. 85-03 §1(D), 1985: Ord. 68-128 §5-215.5(D), 1968).
Created: 2022-88-25 12:02:28 [EST]
(Supp. No. 17)
18.16.110 Yard and setback requirements.
Schedule.
MAIN BUILDING ACCESSORY BUILDING GARAGE AND CARPORT
A - FRONT YARD A - FRONT YARD A - FRONT YARD
1A NORMAL 20 1. NORMAL 20 1. NORMAL 20
FEET FEET FEET
B REQUIRING SITE PLAN REVIEW AT 50
FEET
2. CUL-DE-SAC LOTS 2. CUL-DE-SAC LOTS 20 2. CUL-DE-SAC LOTS 20 | FEET FEET
3. CURVED LOTS 20 3. CURVED LOTS 20 3. CURVED LOTS 20
FEET FEET FEET
4. MIN. FOR PARTIALLY BUILT UP 20 4. MIN. FOR PARTIALLY BUILT UP 20 4. MIN. FOR PARTIALLY BUILT UP 20 BLOCKS. FEET BLOCKS. FEET BLOCKS. FEET
5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET
B - SIDE YARD B - SIDE YARD B - SIDE YARD
1. NORMAL 1A WHEN LESS THAN 85 FT. FROM 1A WHEN LESS THAN 85 FEET FROM FEET FRONT PROPERTY LINE. FEET FRONT PROPERTY LINE. FEET B WHEN 85 FEET OR MORE FROM NONE B WHEN 85 FEET OR MORE FROM NONE FRONT PROPERTY LINE. FRONT PROPERTY LINE
2. CORNER LOTS 2. CORNER LOT WHEN ABUTTING A 10 2. CORNER LOT WHEN ABUTTING A 10 FEET STREET. FEET STREET. FEET
3. REVERSE CORNER LOTS. 3. REVERSE CORNER LOTS WHEN 10 3. REVERSE CORNER LOTS WHEN 20 FEET ABUTTING A STREET. FEET ABUTTING A STREET. FEET
4. FROM OPPOSITE SIDE OF ALLEY, :30 4. FROM OPPOSITE SIDE OF ALLEY, 25 4. FROM OPPOSITE SIDE OF ALLEY WHEN ABUTTING ALLEY. FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.
5A WHEN USED FOR DRIVEWAY 10
ACCESS TO PARKING. FEET
Created: 2822-08-25 12:02:28 [EST]
(Supp. No. 17)
B WHEN USED FOR DRIVEWAY AND 13
PEDESTRIAN ACCESS. FEET
C - REAR YARD C - REAR YARD C- REAR YARD
1A NORMAL 20 1. WHEN NOT ABUTTING ON ALLEY NONE 1. WHEN NOT ABUTTING ON ALLEY NONE FEET OR EASEMENT. OR EASEMENT.
STRE AND ACES ON BET 2. REVERSE CORNER LOT, ABUTTING
FEET STREET AND ACCESS ON STREET. FEET
3. FROM OPPOSITE SIDE OF ALLEY 25 3. FROM OPPOSITE SIDE OF ALLEY 25 WHEN OPENING IS ON ALLEY 5 FT. FEET WHEN OPENING IS ON ALLEY 5 FT. FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.
Created: 2822-08-25 12:02:28 [EST]
(Supp. No. 17)
B. Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.
(Ord. 68-128 §5-215.5(E), 1968).
18.16.120 Space between buildings.
A. Minimum space between exterior walls of main buildings on the same lot:
1. For buildings side to side the minimum space shall be ten feet; For buildings rear to side, front to side, with entries or exits into space, the minimum space shall be fifteen feet;
For buildings front to rear, rear to front with entries or exits into space, the minimum space shall be twenty feet;
4. For buildings front to front arranged about an interior court permitting ten foot wide review in said interior court, the driveway being access to parking area or building, the minimum space shall be thirty feet. Without the driveway, the space shall be twenty-five feet; Between building and side lot line, where entries or exits are located in said side yard, the minimum space shall be five feet; said space shall be free and clear of all projections from the ground to eight feet above the ground;
6. When side yard is used for driveway access to serve parking facilities:
a. The minimum space shall be ten feet,
b. If pedestrian access is required to rear dwelling, then the space shall be increased to thirteen feet and a three-foot paved walk shall be provided for such pedestrian access.
B. Minimum space between exterior walls of main building and accessory buildings on the same lot:
1. Garages and other nondwelling structures shall be located not less than six feet from any main building unless such structure is attached to the main building with a common wall or party wall.
Where a garage is located within the area defined by the projections of the side lines of any main building, and where the garage faces and is detached from any main building and vehicular access to the garage falls entirely or in part within said area, the garage shall be not less than twenty-five feet from the main building or buildings.
3. When accessory buildings are attached to a main building by a breezeway roof, the provisions of paragraphs 1 and 2 shall apply.
(Ord. 68-128 §5-215.5(F), 1968).
18.16.130 Lot coverage.
The maximum lot coverage by buildings or structures shall not exceed fifty percent of the total lot area. (Ord. 68-128 §5-215.5(G), 1968).
Created: 2922-88-25 12:02:28 [EST]
{Supp. No. 17)
18.16.140 Fences, hedges and walls-Swimming pool setback requirements.
A. Fence, hedge or wall maximum height:
Front Yard Side Yard Rear Yard
Interior lot Key lot Plug 3 feet 6 feet 6 feet
lot
Reversed Corner lot 3 feet Street side 3 feet 6 feet
B. Notwithstanding the requirements of subsection A of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings St.-1a, 1b or St.-2.
C. For nonresidential uses, the provisions of the general conditions, Section 18.32.130 shall apply.
D. Fences, over six feet in height for enclosing game areas shall be located within the rear half of the lot, and shall be constructed of wire mesh which will admit at least ninety percent of light. Such fences shall be permitted in the required side or rear yard subject to commission review and approval.
Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, and the enclosure shall be equipped with self latching gates or doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is run into the pool.
F. Setback requirements for swimming pools:
Front Yard Side Yard Rear Yard
5 foot inside of the required 1. Five foot inside of the 8 foot from rear lot line. front setback line. required side setback line
when abutting a side street.
2. Five foot inside of the
interior side lot line.
(Ord. 88-05 §2, 1988; Ord. 68-128 §5-215.5(H), 1968).
18.16.150 Off-street parking.
The following provisions shall apply, subject to the general conditions, Section 18.32.140.
A. In calculating the parking spaces shall be at least one covered space and one-half open space for eac welling unit. The covered space shall be in a garage or carport. These spaces shall be on the same l Trih thar same main building which they are intended to serve and located to the rear of the required B. For nonresidential uses, the off-street parking provisions in the general conditions, Section 18.32.140, shall apply.
(Ord. 68-128 §5-215.5(1), 1968).
Created: 2822-68-25 12:02:28 [EST]
(Supp. No. 17)
18.16.160 Access.
A. The requirements in the R-1 district, Section 18.14.150 shall apply.
B. If a lot has vehicular access on an alley, there shall be provided as a minimum pedestrian access way a side yard not less than five feet in width from the street frontage to the rear property line. (Ord. 68-128 §5-215.5(J), 1968).
18.16.170 Outdoor advertising.
The provisions of the R-1 district, Section 18.14.160 shall apply. (Ord. 68-218 §5-215.5(K), 1968).
18.16.180 Site plan review.
When more than one main building is placed on a lot, a site plan showing the location of all buildings and structures shall be submitted to the commission for review and approval, see Chapter 18.40. (Ord. 68-128 §5-215.6, 1968).
Chapter 18.18 R-3 DISTRICT-MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL Sections:
18.18.010 Intent.
The R-3 district is intended to provide for the development of medium density multiple family residential structures for purposes of rental or sale to permanent occupants on lots not less than seven thousand five (Ord. 68-128 §5-216, 1968).
18.18.020 Uses permitted-Generally.
The following uses shall be permitted in the R-3 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards of Sections 18.18.060 through 18.18.170:
A. Uses permitted in the R-2 district shall apply:
1. Single family residence dwelling units, not more than one dwelling per lot,
2. Garages or carports,
3. Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet;
B. Multiple housing facilities, including rooming and boarding houses, apartment houses and apartment court, but not to include housing facilities furnished to transient boarders or roomers; c. Fraternities and sororities;
Created: 2822-88-25 12:82:28 [EST]
(Supp. No. 17)
D. Churches and parochial schools;
E. Public schools;
Private schools;
Public libraries;
H. Public parks and playgrounds;
Accessory uses customarily incident to any of the above uses, when located on the same lot and not involving the conduct of a business;
J. Accessory buildings, limited to one per lot and a maximum floor area of one hundred twenty square feet;-
K. Accessory dwelling units, subject to the requirements of section 18.14.168; L. Employee housing, six persons or fewer;
Mobile and manufactured homes, in the same manner as they are permitted in section 18.14.045 and
18.14.165;
N. Residential care facility, small;
0. Supportive housing:
P. Transitional housing.
(Ord. 85-03 §1(D), 1985: Ord. 68-128 §5-216.1, 1968).
18.18.030 Uses permitted-Subject to commission review and approval.
The following uses shall be permitted subject to review and approval by the commission:
4. Microwave relay structures;
B. Nursery schools or day nurseries, caring for not more than ten children, if the subject lot is occupied by only one dwelling unit;
C. Rest homes, licenses as such, with nor more than five patients; D. Temporary construction materials storage yards, in the tract being developed; E. Temporary tract offices and model homes, in the tract being developed; (Ord. 68-128 §5-216.2, 1968).
18.18.040 Uses permitted-Subject to conditional use permit.
The following uses shall be permitted subject to a conditional use permit as provided for in Section
18.32.040:
Country clubs and golf courses;
B. Electrical distribution substation and communications equipment buildings; C. Off-site subdivision signs, subject to provisions of Section 18.18.170; D. Private clubs and lodges, excepting those the principal activity of which is a service customarily carried on as a business;
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
E. Rest homes, licensed as such, which house not more than twenty-four persons including members of the resident family;
F. Sanitoriums and hospitals.
(Ord. 68-128 §5-216.3, 1968).
18.18.050 Prohibited uses.
The following uses are expressly prohibited in the R-3 district:
A. Commercial uses, including commercial residential uses such as hotels, apartment hotels, motor courts, motels or other buildings wherein housing facilities are furnished to transient boarders or B. Industrial uses;
C. Agricultural uses;
D. Advertising structures;
E. Professional offices.
(Ord. 68-128 §5-216.4, 1968).
18.18.060 Property development standards.
The property development standards in Sections 18.18.070 through 18.18.170 shall apply to all land and structures in the R-3 district.
(Ord. 68-128 §5-216.5(part), 1968).
18.18.070 Lot area.
Each lot shall have a minimum area of seven thousand five hundred square feet, except as provided in Section 18.18.090 below.
(Ord. 68-128 §5-216.5(A), 1968).
18.18.080 Lot dimensions.
All lots hereafter created shall comply with the following minimum standards and lots now existing may not be reduced below these standards. Each dimension is minimum only. One or both shall be increased to attain the minimum lot area required:
A. Width.
1. Interior lots shall have a minimum width of sixty feet.
2. Corner lots shall have a minimum width of sixty-five feet.
3. Reversed corner lots shall have a minimum width of seventy feet.
4. Lots siding on freeways or railroad rights-of-way shall have a minimum width of one hundred ten feet.
Created: 2822-98-25 12:02:28 [EST]
(Supp. No. 17)
5. Curve lots and cul-de-sac lots shall have a minimum street frontage width of forty-five feet.
B. Depth.
Lots facing on local streets shall have a minimum depth of one hundred ten feet.
2. Lots facing on major or secondary highways shall have a minimum depth of one hundred fifty feet.
(Ord. 68-128 §5-216.5(B), 1968).
18.18.090 Population density.
The following population density standards shall apply to all lots in the district:
A. For lots created subsequent to May 4, 1968, there shall be a minimum of two thousand square feet of lot area for each dwelling unit.
B. For lots of record on May 4, 1968:
1. Where the lot has less than three thousand square feet of area, the lot shall not be used for more than one dwelling unit;
2. Where the lot has three thousand square feet or more but less than four thousand five hundred square feet the lot shall not be used for more than two dwelling units;
3. Where the lot has four thousand five hundred square feet or more but less than six thousand five hundred square feet, the lot shall not be used for more than three dwelling units.
C. For multiple stories, divide the minimum area per dwelling unit by the number of stories.
D. Exceptions. Assessor's Parcel Number 355-031-27 and 358-390-13, as they existed on the subsequently mentioned date, shall be developed pursuant to the requirements of Program 5 of the City's 6th Cycle Housing Element, adopted on December 19, 2024. These two parcels shall be developed by right at a minimum of 20 dwelling units per acre.
(Ord. 68-128 §5-216.5(C), 1968).
18.18.100 Building height.
A. No building or structure erected in this district shall have a height greater than three stories, not to exceed forty feet in height.
B. No garage or carport erected in this district shall have a height greater than one story, not to exceed twelve feet to plate height.
No accessory building erected in this district shall have a height greater than seven feet.
D. Exceptions. All buildings hereafter designed or erected, and existing buildings which may be reconstructed, altered, moved or enlarged, shall comply with the height regulations of the district in which they may be located with the following exceptions:
Roof structures, for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; and fire or parapet walks, skylights, towers, church steeples, flagpoles, chimneys, smoke-stacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
roof structures, or any spaces about the height limit, shall be allowed for the purpose of providing additional living or floor space.
(Ord. 85-03 §1(F), 1985: Ord. 68-128 §5-216.5(D), 1968).
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
18.18.110 Setback and yard requirements.
Schedule.
MAIN BUILDING ACCESSORY BUILDING GARAGE AND CARPORT
A - FRONT YARD A - FRONT YARD A - FRONT YARD
1A NORMAL 15 1. NORMAL 15 1. NORMAL 15
FEET FEET FEET
B REQUIRING SITE PLAN REVIEW AT 50
FEET
2. CUL-DE-SAC LOTS 15 2. CUL-DE-SAC LOTS 2. CUL-DE-SAC LOTS 15
FEET FEET
3. CURVED LOTS 15 3. CURVED LOTS 3. CURVED LOTS 15
FEET FEET
4. MIN. FOR PARTIALLY BUILT UP 15 4. MIN. FOR PARTIALLY BUILT UP 4. MIN. FOR PARTIALLY BUILT UP 15 BLOCKS. FEET BLOCKS. BLOCKS. FEET
5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR 5. VARIATION ALLOWED FOR NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET NEIGHBORHOOD UNIT PLAN. FEET
B - SIDE YARD B - SIDE YARD B - SIDE YARD
1. NORMAL 1A WHEN LESS THAN 85 IA WHEN LESS THAN 85
FEET FEET FROM FRONT PROPERTY LINE. FEET FEET FROM FRONT PROPERTY LINE. FEET B WHEN 85 NONE B WHEN 85 NONE
FEET OR MORE FROM FRONT FEET OR MORE FROM FRONT
PROPERTY LINE. PROPERTY LINE.
2. CORNER LOTS 2. CORNER LOT WHEN ABUTTING A 10 2. CORNER LOT WHEN ABUTTING A 10 STREET. FEET STREET. FEET
3. REVERSE CORNER LOTS 10 3. REVERSE CORNER LOTS 10 3. REVERSE CORNER LOTS WHEN 20* FEET FEET ABUTTING A STREET. FEET
4. FROM OPPOSITE SIDE OF ALLEY, 4. FROM OPPOSITE SIDE OF ALLEY, 25 4. FROM OPPOSITE SIDE OF ALLEY, 25 WHEN ABUTTING ALLEY. FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET WHEN OPENING IS ON ALLEY 5 FOOT FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.
C - REAR YARD C - REAR YARD C - REAR YARD
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
1A NORMAL FEET 1. WHEN NOT ABUTTING ON ALLEY NONE 1. WHEN NOT ABUTTING ON ALLEY NONE OR EASEMENT. OR EASEMENT
2. REVERSE CORNER LOT, ABUTTING 2. REVERSE CORNER LOT, ABUTTING STREET AND ACCESS ON STREET. FEET STREET AND ACCESS ON STREET. FEET
3. FROM OPPOSITE SIDE OF ALLEY 25 3. FROM OPPOSITE SIDE OF ALLEY 25 WHEN OPENING IS ON ALLEY 5 FT. FEET WHEN OPENING IS ON ALLEY 5 FT. FEET MIN. FROM PROPERTY LINE. MIN. FROM PROPERTY LINE.
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
B. Exceptions: Permitted projections into required yards. Belt courses, cornices, eaves, sills, fireplace chimneys and other similar architectural features may extend or project into a required side yard not more than five inches for each one foot of the width of such required side yard and may extend or project into a front or rear yard not more than thirty inches.
(Ord. 68-128 §5-216.5(E), 1968).
18.18.120 Space between buildings.
The minimum space requirements of the R-2 district, Section 18.16.120, shall apply. (Ord. 68-128 §5-216.5(F), 1968).
18.18.130 Lot coverage.
The maximum lot coverage by buildings or structures shall not exceed fifty-five percent of the total lot area. (Ord. 68-128 §5-216.5(G), 1968).
18.18.140 Fences, hedges and walls-Swimming pool setback requirements.
A. Fence, hedge or wall maximum height:
Front Yard Side Yard Rear Yard
Interior lot Key lot Plug lot 3 feet 6 feet 6 feet
Reversed Corner lot 3 feet Street side 3 feet 6 feet
B. Notwithstanding the requirements of subsection A of this section, fences limited to three feet in height may extend to four feet in height, if they comply with city standard drawings St.-1a, 1b or St.-2.
C. For nonresidential uses, the provisions of the general conditions, Section 18.32.130 shall apply.
D. Fences over six feet in height for enclosing game areas shall be located within the rear half of the lot, and shall be constructed of wire mesh which will admit at least ninety percent of light. Such fences shall be permitted in the required side or rear yard subject to commission review and approval.
E. Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height, the enclosure shall be equipped with self-latching gates or doors, the latching being located not less than four feet above the ground. All light for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is turned into the pool.
F. Setback requirements for swimming pools:
Front Yard Side Yard Rear Yard
5 foot inside of the required front 1.5 foot inside of the required side 8 foot from rear lot line. setback line. setback line when abutting a side
street.
2. 5 foot inside of the interior side lot
line.
Created: 2822-08-25 12:02:28 LEST]
(Supp. No. 17)
(Ord. 88-05 §3, 1988; Ord. 68-128 §5-216.5(H), 1968).
18.18.150 Off-street parking.
The following provisions shall apply, subject to the general conditions Section 18.32.140:
A. For residential uses, the provisions of the R-2 district, Section 18.16.150, shall apply.
B. For nonresidential uses, the off-street parking provisions in the general conditions, Section 18.32.140, shall apply.
(Ord. 68-128 §5-216.5(I), 1968).
18.18.160 Access.
A. The provisions of the R-1 district, Section 18.14.150, shall apply.
B. If a lot has vehicular access on an alley the provisions of the R-2 district, Section 18.16.160, shall apply. (Ord. 68-128 §5-216.5(J), 1968).
18.18.170 Outdoor advertising.
The provisions of the R-1 district, Section 18.14.160, shall apply. (Ord. 68-128 §5-216.5(K), 1968).
18.18.180 Site plan review.
Not more than one main building shall be placed on any lot in this district, until a site plan shall have been submitted and approved by the commission, pursuant to the provisions of Chapter 18.40. (Ord. 68-128 §5-216.6, 1968).
Chapter 18.20 T-P DISTRICT —TRAILER PARK RESIDENTIAL
Sections:
18.20.010 Intent.
The T-P trailer park residential district is created to provide for the accommodation of residential trailers at a standard consistent with the protection of the health, safety and welfare of the community on lots not less than one and one-half acres in area. Such district is herein deemed to be a multiple family residential district, and a trailer is herein deemed to be a dwelling.
(Ord. 68-128 §5-218, 1968).
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
18.20.020 Uses permitted-Generally.
The following uses shall be permitted in the T-P district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public subject to the property development standards in Sections 18.20.060 through 18.20.190:
A. Trailer park;
B. Temporary or permanent telephone booths;
C. Outdoor advertising shall be permitted. Signs shall be located on the premises and shall not exceed one hundred square feet in area on one face of the sign on any one property frontage-; D. Accessory dwelling units, subject to the requirements of section 18.14.168; E. Employee housing, six or persons or fewer;
E. Mobile and manufactured homes, in the same manner as they are permitted in section 18.14.045 and
18.14.165;
G. Residential care facility, small;
H.. Supportive housing;
Transitional housing.
(Ord. 68-128 §5-218.1, 1968).
18.20.030 Uses permitted-Subject to commission review and approval.
There are no uses permitted subject to commission review and approval in the T-P district. (Ord. 68-128 §5-218.2, 1968).
18.20.040 Uses permitted-Subject to conditional use permit.
There are no uses permitted subject to conditional use permit in the T-P district. (Ord. 68-128 §5-218.3, 1968).
18.20.050 Prohibited uses.
The following are expressly prohibited in the T-P district:
A. Industrial uses;
B. Advertising structures;
C. Commercial uses;
D. Adult uses;
E. Site-built multiple-family residences.
(Ord. 85-19 56, 1985; Ord. 68-128 §5-218.4, 1968).
Created: 2022-08-25 12:02:28 [EST]
(Supp. No. 17)
18.20.060 Property development standards.
The standards codified in Sections 18.20.070 through 18.20.190 shall apply to all land and structures in the T- P trailer park district.
(Ord. 68-128 §5-218.5(part), 1968).
18.20.070 Lot area and dimensions.
Each lot shall have a minimum area of one and one-half acres. (Ord. 68-128 §5-218.5(A), 1968).
18.20.080 Trailer space.
A. Each trailer space shall be a minimum of thirty feet in width.
Existing trailer parks may continue to operate after May 4, 1968, if the existing spaces are less than one thousand five hundred square feet, but in no case shall any trailer space have an area of less than one thousand square feet per space.
C. Trailer parks may provide spaces for vacation trailers which shall have a minimum area of seven hundred fifty square feet. Only twenty percent of the trailer spaces will be used for vacation trailers. (Ord. 68-128 §5-218.5(B), 1968).
18.20.090 Population density.
A. Population density standards shall apply to all trailers spaces in the district.
There shall be a minimum of two thousand four hundred square feet of lot area for each trailer space in a trailer park. Lot area shall include automobile parking, access, outbuilding spaces, recreational areas, trailer parking and other similar uses.
(Ord. 68-128 §5-218.5(C), 1968).
18.20.100 Building height.
A. No structure or building shall have a height greater than two and one-half stories and shall not exceed thirty- five feet.
B. Exception. Within this district, all buildings hereafter erected or existing buildings altered or moved shall comply with the height regulation, with the following exception:
Roof structures for housing or elevators, to operate and maintain the building; and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures, or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space. (Ord. 68-128 §5-218.5(D), 1968).
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
18.20.110 Setback and yard requirements.
Main Buildings or Trailers Accessory Buildings Garage and Carports A. Front Yard A. Front Yard A. Front Yard
Normal 15 Feet Normal T 15 Feet Normal | 15 Feet
B. Side Yard B. Side Yard B. Side Yard
Normal 5 Feet Normal 5 Feet Normal 5 Feet
All Corner Lots 10 Feet All Corner Lots 10 Feet All Corner Lots | 10 Feet C. Rear Yard C. Rear Yard C. Rear Yard
Normal 10 Feet Normal 10 Feet Normal 10 Feet
Note: Rear yard may be used for access or parking.
(Ord. 68-128 §5-218.5(E), 1968).
Created: 2022-08-25 12:02:29 TEST]
(Supp. No. 17)
18.20.120 Distance between units or other structures.
A. Where trailer units are located on the site, side by side, end to side, or end to end there shall be a distance of ten feet between trailer units, except where trailers abut a roadway which serves as access to and within thi railer park the minimum distance shall be thirty feet
B. The distance between any structure and a residential trailer shall be ten feet. (Ord. 68-128 §5-218.5(F), 1968).
18.20.130 Lot coverage.
The maximum lot coverage by buildings and structures shall not exceed fifty percent of the total lot area. The trailer and its parking space shall be considered as covered area. (Ord. 68-128 §5-218.5(G), 1968).
18.20.140 Hedges, fences and walis.
A. Provisions of the R-1 district in regard to setbacks, corner cut-off area requirements and swimming pool regulations shall apply to all lots located in the T-P district.
The trailer park shall be enclosed with a solid masonry wall six feet high with exception of the area defined as the front yard, which shall be three feet high. If a trailer park district is next to an agricultural, commercial or manufacturing district a chain link fence with solid screen planting may be used instead of the solid masonry wall. In no case shall the height requirements be changed.
Within the trailer park district, there shall not be located on any lot a fence or wall, of any type, higher than six feet.
(Ord. 68-128 §5-218.5(H), 1968).
18.20.150 Off-street parking.
The following provisions shall apply, subject to the general conditions section 18.32.140:
A. There shall be one off-street automobile parking space on each lot for each trailer parking space.
B. Guest parking. There shall be one additional off-street automobile parking space for each ten trailer spaces.
(Ord. 68-128 $5-218.5(l), 1968).
18.20.160 Access.
A. The provisions of the R-1 district, Section 18.14.150, shall apply.
B. Trailer park access ways shall have a minimum paved width of twenty feet. (Ord. 68-128 §5-218.5(J), 1968).
Created: 2822-08-25 12:02:29 [EST]
(Supp. No. 17)
18.20.170 Signs.
Signs shall be located on the premises and shall not exceed one hundred square feet in area on one face of the sign on any one property frontage.
(Ord. 68-128 §5-218.5(K), 1968).
18.20.180 Size of district.
The minimum size of land for the purposes permitted in the T-P district shall be three acres. (Ord. 68-128 §5-218.5(L), 1968).
18.20.190 Sewer system connections.
Each trailer park shall be connected to the city sanitary sewer system and each trailer space shall be provided with a connection to the sanitary sewer.
(Ord. 68-128 §5-218.5(M), 1968).
18.20.200 Miscellaneous conditions and uses-Vacation trailers.
A. Vacation trailers will be permitted within the T-P district. Only ten percent of the trailer spaces will be used for vacation trailers. All trailer toilets, sink or washing facilities will be connected to a sanitary sewer line.
B. Structures or accessory buildings shall not be constructed as a permanent part of a trailer.
C. Arbors, pergolas, cabanas and other similar structures may be erected in conjunction with a trailer space, provided the structure be considered as part of the trailer, even though it shall not be permitted to be attached thereto. The minimum spacing between structures has been set forth in Section 18.20.120. (Ord. 68-128 §5-218.6, 1968).
18.20.210 Site plan review.
A site plan will be submitted to the planning commission for its approval before any trailer park or any buildings for trailer park purposes are erected. The provisions of Chapter 18.40 shall apply. In addition the plans shall show:
A. Location of all trailer parking sites;
Lighting for all interior access ways;
C. Any such architectural and engineering data as may be necessary to permit the commission to make a finding that the provisions of this title are being complied with. (Ord. 68-128 §5-218.7, 1968).
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
Title 18 - ZONING
Chapter 18.22 C-P DISTRICT —ADMINISTRATIVE AND PROFESSIONAL OFFICE DISTRICT Chapter 18.22 C-P DISTRICT-ADMINISTRATIVE AND PROFESSIONAL OFFICE
DISTRICT
Sections:
18.22.010 Intent.
The administrative and professional office C-P district is herein set forth, to provide for a district wherein related types of professional uses may be developed.
(Ord. 68-128 §5-219, 1968).
18.22.020 Uses permitted-Generally.
Within the C-P administrative and professional office district, the following residential uses shall apply as per property development standards in Sections 18.22.060 through 18.22.180:
A. Residential Uses.
1. For existing residential structures:
They may be used for residential purposes, but may not be converted to more intensive residential uses, except in accordance with the property development standards of the R-3 district, Sections 18.18.060 through 18.18.170;
They may be converted to nonresidential uses. If there is a change in the exterior appearance of the building, Section 18.22.030 shall apply; c. They may not be used for residential and non-residential purposes at the same time.
2. Multiple dwellings, subject to the property development standards of the R-3 district, Sections
18.18.060 through 18.18.170.
Private residence clubs, fraternity and sorority houses, rest homes, convalescent homes, nursing homes and rooming or boarding houses, subject to the regulations for these uses in Chapter B. Nonresidential Uses. With the C-P administrative and professional office district, the following uses shall be considered as nonresidential and shall comply with the development standards set forth in Section 18.22.060 through 18.22.180: Administrative, apartments, church, exhibit halls, general offices, hotels, hospitals up to three stories in height, lodges and clubs, libraries, medical and dental offices, and clinics or laboratories, museums, private and parochial schools, institutions of philanthropic nature (except correction and mental) and home occupations, subject to Chapter 18.04;- C. Accessory dwelling units, subject to the requirements of section 18.14.168; D. Employee housing, six persons or fewer;
E. Low-barrier navigation centers;
F. Residential care facility, small;
G. Supportive housing;
Parlier, California, Code of Ordinances Created: 2022-08-25 12:02:29 [EST] (Supp. No. 17)
H. Transitional housing:
(Ord. 68-128 §5-219.1, 1968).
18.22.030 Use permitted-Subject to commission review and approval.
The following use shall be permitted subject to review and approval by the commission:
Within an existing residential structure, when the exterior design or appearance is changed, and when the uses located in the structure are nonresidential.
(Ord. 68-128 §5-219.2, 1968).
18.22.040 Uses permitted-Subject to conditional use permit.
Uses shall be permitted subject to the provisions of Chapter 18.38. (Ord. 68-128 §5-219.3, 1968).
18.22.050 Prohibited uses.
The following are expressly prohibited in the C-P district:
A. Advertising structures;
B. Industrial uses;
C. New single family homes;
D. Any combination of residential and nonresidential uses on a lot; E. Adult uses.
(Ord. 85-19 §7, 1985; Ord. 68-128 §5-219.4, 1968).
18.22.060 Property development standards.
For all residential uses in the C-P district, property development standards shall comply with the R-3 district standards, Sections 18.18.060 through 18.18.170, except that lots shall have a minimum area of seven thousand five hundred square feet. For property development standards for nonresidential uses, see Sections 18.22.070 through 18.22.180.
(Ord. 68-128 §5-219.5(part), 1968).
18.22.070 Lot area.
Minimum lot area in the C-P district is seven thousand five hundred square feet. (Ord. 68-128 §5-219.5(A), 1968).
18.22.080 Lot dimensions.
A. Width. Minimum lot width, sixty-five feet;
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
B. Depth. Minimum lot depth, one hundred ten feet.
(Ord. 68-128 §5-219.5(B), 1968).
18.22.090 Population density.
There shall be a minimum of seven thousand five hundred square feet per lot. (Ord. 68-128 §5-219.5(C), 1968).
18.22.100 Building height.
A. No building shall exceed three stories or forty feet in height, except hospitals, to which Section 18.22.040 shall apply.
B. Exceptions. Roof structures, for the housing of elevators stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, or wireless masts or similar structures, when approved by the commission, may be erected above the height limits herein prescribed, provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. No roof structures or any spaces about the height limit shall be allowed for the purpose of providing additional living or floor space.
(Ord. 68-128 §5-219.5(D), 1968).
18.22.110 Setback and yard requirements.
A. Right-of-way Control. No building shall be erected within fifty feet of the right-of-way of any railroad line, freeway or flood control channel, and any building shall be thirty feet away from any right-of-way line or major county road.
B. Front Yard.
1. Each lot shall have a minimum front yard of ten feet and shall be landscaped, except: When the C-P district abuts or is across the street from a residential district the front yard setback requirements for the C-P district shall be the same as the adjacent residential district.
2. Swimming pools shall not be located in any required front yard.
C. Side Yard.
1. No requirements within the C-P district, except when a lot abuts a street there shall be a ten foot setback on the street side.
No side yard required, except when the C-P district abuts a residential district there shall be a side yard of ten feet on the C-P lot on the side abutting the residential district.
3. When the C-P district abuts or is across the street from a residential district the side yard requirement for the C-P district shall be the same as the adjacent residential district.
Swimming pools shall not be located closer than five feet from any side property line, and shall be fenced as required in Section 18.22.140.
Rear Yard. No requirements, except where the C-P district abuts a residential district, then each lot shall have a setback of ten feet.
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
E. Exceptions. Permitted projections in rear, front and side yards for C-P uses abutting a residential district include:
1. Overhangs, eaves, fireplaces, stairways, and balconies not covered by a roof; and other architectural features may extend into the required yard not more than thirty inches.
Unenclosed platforms, porches, or landing places which do not extend above the level of the first floor nay extend into any front yard six feet, side or rear yard three feet, provided that an open-type railing thirty inches high be constructed around the platform, porch or landing place.
3. Depressed stairs and ramps may extend into any front yard six feet, side or rear yards three feet, provided than an open-type railing forty-two inches high be constructed around the opening. (Ord. 68-128 §5-219.5(E), 1968).
18.22.120 Space between buildings.
There are no requirements for the C-P district.
(Ord. 68-128 §5-219.5(F), 1968).
18.22.130 Lot coverage.
There are no lot coverage requirements for the C-P district. (Ord. 68-128 §5-219.5(G), 1968).
18.22.140 Fences, hedges and walls-Swimming pool requirements.
A. Section 18.32.130 of the general conditions shall apply.
B. Swimming pools shall be entirely enclosed by fencing or walls at least six feet in height. The enclosure shall be equipped with self-latching gates or doors, the latching being located not less than four feet above the ground. All lights for pools shall be hooded so the light will not shine on the abutting properties. All fencing must be in place and approved by the city before water is turned into the pool.
C. Where the C-P district lot sides or rears on a residential district, a solid masonry wall five feet in height shall be erected alongside the property line. Front yard wall shall be reduced to three feet in height.
D. Where a street becomes a boundary between the C-P district and the residential district the front yard or side yard setback shall be ten feet from the property line, the wall height shall be three feet in height, and the space between the property line and the wall shall be landscaped. (Ord. 68-128 §5-219.5(H), 1968).
18.22.150 Off-street parking.
A. There shall be provided within the C-P district a minimum of one square foot of parking area for each one square foot of gross floor area. Standards of the general conditions, Section 18.32.140, shall apply. в. Parking for residential uses within the C-P district, Section 18.16.150 of the R-2 district and Section 18.32.140 of the general conditions shall apply.
(Ord. 68-128 §5-219.5(I), 1968).
Created: 2822-88-25 12:82:29 [EST]
(Supp. No. 17)
18.22.160 Access.
A. Access to all off-street parking areas shall be from a dedicated and improved street, service road or alley. The design of the access shall be approved by the city.
B. There shall be no vehicular access to residential property from a county road or a major highway which is shown on the city's general plan.
If vehicular access is via a driveway parallel to a side line, there shall be an access from the street to alley for both pedestrians and vehicles. The access shall be ten feet to the building line.
D. If vehicular access to a lot is via an alley, there shall be a pedestrian access way five feet wide from alley to street.
(Ord. 68-128 §5-219.5(J), 1968).
18.22.170 Outdoor advertising.
A. Section 18.24.160 shall apply. (See C-4 district.)
B. For other outdoor advertising uses, the R-1 district provisions, Section 18.14.160, shall apply. (Ord. 68-128 §5-219.5(K), 1968).
18.22.180 Loading spaces required.
Number of Loading Spaces Gross Floor Area
A. Office buildings and hotels
1. 3,500 - 50,000 square feet
2. 50,001 - 100,000 square feet
3. 100,001 - and over square feet
B. Institutions and hospitals
1. 3,000 - 20,000 square feet
2. 20,001 - 50,000 square feet
50,001 - 80,000 square feet
80,001 - 110,000 square feet
C. Other permitted buildings or uses
1. 3,000 - 15,000 square feet
2. 15,001 - 45,000 square feet
3. 45,001 - 75,000 square feet
4. 75,001 - 105,000 square feet
D. A minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.
Created: 2822-88-25 12:82:29 (EST]
(Supp. No. 17)
E. When loading space abuts any alley or one-half the alley, the width of the lot can be considered as part of the loading space.
(Ord. 68-128 §5-219.5(L), 1968).
18.22.190 Site plan review.
A site plan must be submitted to the planning commission for its approval before any building is erected on any lot within the C-P district. The provisions of Chapter 18.40 shall apply. (Ord. 68-128 $5-219.6, 1968).
Chapter 18.24 C-4 DISTRICT-CENTRAL TRADING DISTRICT
Sections:
18.24.010 Intent.
The C-4 district has been set forth to serve as the central trading area of the community. (Ord. 68-128 §5-223, 1968).
18.24.020 Uses permitted-Generally.
The following uses shall be permitted in the C-4 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.24.060 through 18.24.170.
A. Retail:
Appliance store;
Antique shop;
Bakery;
Clothing;
Confectionery (candy) with some manufacturing;
Dress shop;
Drug store;
Department store;
Furniture store, new and used;
Food store;
Food markets;
Hobby shop;
Hardware store;
Jewelry store;
created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
Liquor store;
Musical instruments;
Notions;
Pet shop;
Pool hall;
Plants;
Stationery stores;
Variety store.
B. Services
Accounting office;
Bank and financial institution;
Barber and beauty shops;
Building and loan shops;
Bus depot;
Communication equipment building;
Employment agency or halls;
Garden supply;
Insurance office;
Libraries and reading rooms;
Medical offices;
Medical, dental and optical laboratories;
Newspaper printing;
Post office;
Printing shop (blueprint, lithographing, publishing);
Photographic supplies;
Professional officials;
Reducing salons;
Real estate offices;
Restaurants (provided that no alcoholic beverages shall be consumed on the premises); Self-service laundries;
Shoe shine parlor;
Shoe stores (including repair);
Super drugs;
Supermarkets;
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
Taxi stand;
Television and Radio sales and repair;
Tire sale;
Toy store;
Upholstery shop.
C. Others:
Accessory dwelling units, subject to the requirements of section 18.14.168; Adult uses;
Apartments (four unit minimum, no duplexes);
Apartment-hotels;
Auto motels;
Bowling alleys;
Emergency shelters, subject to the requirements of section 18.32.470; Employee housing, fewer than six persons;
Employee housing, more than six persons;
Hotels;
Lodges;
Low-barrier navigation centers;
Meeting halls;
Motels;
Movie theaters;
Residential care facility, small;
Residential care facility, large;
Signs;=
Single-room occupancy units, subject to the requirements of section 18.32.480; Supportive housing:
Transitional housing.
(Ord. 85-19 §2, 1985; Ord. 84-05 §§1, 2, 3, 1984; Ord. 68-128 §5-223.1, 1968).
18.24.030 Uses permitted-Subject to commission review and approval.
Uses subject to commission review and approval in the C-4 district are as follows:
Automobile parts sales (new);
Automobile sales with incidental service and repair (any service and repair shall be conducted within an enclosed building);
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
Automobile parking lots (subject to property development standards, Sections 18.24.060 through
18.24.170), and Sections 18.24.140 and 18.32.140, (parking standards); Cleaners;
Drive-in cafe or restaurant;
Ice and food dispensing machines;
Used car lots.
(Ord. 68-128 §5-223.2, 1968).
18.24.040 Uses permitted-Subject to conditional use permit.
Uses subject to conditional use permit in the C-4 district are as follows:
Art foundry/studio;
Art foundry/studio apartment;
Automobile repair (conducted within an enclosed building); Mortuaries;
Pool halls;
Restaurants (with alcoholic beverages sold or consumed on premises); provided, that no such use shall be located within two hundred feet of a residential district; provided, however, that such use may be permitted within two hundred feet of a residential district subject to the following conditions, and such other conditions as the council finds necessary to mitigate the effect of such use on neighboring residential zone districts: that the operator of such use may operate with and only with a type 41 ABC license (beer and wine on sale-public eating place), that no more than ten percent of the gross income generated from such use shall be directly attributable to the sale of alcoholic beverages, that the owner of such use shall render quarterly reports to the city showing gross income, including income attributable to the sale of alcoholic beverages, that audible noise from the premises shall not be heard from outside the external walls of such premises, and that the operator of such use shall not apply for a license from ABC other than a category 41 license;
Sale of secondhand goods or used clothing (all goods stored, displayed and sold shall be within an entirely enclosed building);
Swap shops;
Tortilla sales and factory (handmade);
Video arcades;
Wood cabinet and furniture manufacturing, to be considered a temporary use with an approved permit valid for a maximum of two years.
(Ord. 92-05 $2, 1992: Ord. 89-07 §2, 1990; Ord. 88-04, 1988; Ord. 86-4 §1, 1986: Ord. 84-05 §6, 1984; Ord. 83-11 §|(part), 1983; Ord. 68-128 §5-223.1, 1968).
18.24.050 Prohibited uses.
Uses expressly prohibited in the C-4 district include:
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
A. New residential;
8. Industrial;
C. Trailer parks.
(Ord. 68-128 §5-223.4, 1968).
18.24.060 Property development standards.
The standards in Sections 18.24.070 through 18.24.170 shall apply to all land and structures in the C-4 central trading district.
(Ord. 68-128 §5-223.5 (part), 1968).
18.24.070 Lot area.
There are no lot area requirements in the C-4 district. (Ord. 68-128 §5-223.5(B).
18.24.080 Lot dimensions.
There are no lot dimension requirements in the C-4 district. (Ord. 68-128 §5-223.5(B), 1968).
18.24.090 Population density.
There are no population density requirements in the C-4 district. (Ord. 68-128 §5-223.5(C), 1968).
18.24.100 Building height.
The building or structure height shall not exceed six stories or seventy-five feet. (Ord. 68-128 §5-223.5(D), 1968).
18.24.110 Setback and yard requirements.
No requirements, except where the C-4 district abuts a residential district there shall be a yard of not less street, the front and side year shall be landscaped and maintained, and a three foot masonry wall shall be erected at the setback line.
(Ord. 68-128 §5-223.5(E), 1968).
Created: 2022-08-25 12:02:29 [EST]
(Supp. No. 17)
18.24.120 Space between buildings.
There are no requirements for the C-4 district.
(Ord. 68-128 §5-223.5(F), 1968).
18.24.130 Lot coverage.
There are no lot coverage requirements for the C-4 district. (Ord. 68-128 $5-223.5(G), 1968).
18.24.140 Off-street parking.
A. Within the C-4 district there shall be a minimum of one square foot of off-street parking area for every one square foot of gross floor area.
B. The parking spaces shall be on the building site or be located within five hundred feet from the lot upon which the building is, to serve.
Parking may be accomplished by membership in an assessment district (parking district) for the purpose of developing off-street parking facilities.
D. The planning commission shall make a recommendation, in writing, before the city council shall deem any community parking area as satistying the requirements of this section.
E. The provisions of the P off-street parking district, Chapter 18.30, shall apply.
F. The provisions of the general conditions Section 18.32.140 shall apply. (Ord. 68-128 §5-223.5(H), 1968).
18.24.150 Access.
There shall be adequate vehicular access from a dedicated and improved street, service roads or alley, the design of which shall be approved by the city. The commission shall designate the location and number of ingress and egress to the property.
(Ord. 68-128 §5-223.5(I), 1968).
18.24.155 Adult uses.
The adult uses subject to the provisions of this section are recognized as having serious objectionable operational characteristics which are incompatible with, and may have a deleterious effect upon, adjacent areas.
The adult uses subject to the provisions of this section shall not be located or maintained within one thousand feet of the nearest street entrance to or exit from any:
A. Public library;
B. Public playground or park;
C. Public or private school, including elementary, high school or grade school; Nursery school or child-care nursery;
Created: 2822-08-25 12:02:29 TEST]
(Supp. No. 17)
E. Church, convent, monastery, synagogue or other place of worship; or F. Another existing adult use.
(Ord. 87-5 92, 1987).
18.24.160 Outdoor advertising-Sign control.
The intent of sign control for the C-4 commercial trading district is to control the size and general appearance of signs in relationship and proportion to the building. Therefore, signs should be somewhat uniform, not clashing with each other on the surrounding area.
A. Size of signs attached to buildings may not exceed one square foot for each front foot of the structure or portion of the structure wherein the pertaining use is conducted, or one-half square foot of sign for each front foot of the lot upon which the structure is located. The total sign area per commercial use may not exceed one hundred square feet, for each building frontage. The minimum sign area for occupancy need not be less than forty square feet.
B. Building frontage to be used in calculating the permitted sign area shall include frontage whereon a public entrance to the occupancy is located. Separate calculations may be made for front, side and rear entrances and separate signs may be erected on each of these building frontages.
C. Signs shall not extend over a public sidewalk or right-of-way. All faces of signs mounted on or attached to a bullding shall be parallel to the face of the building except that fin-type signs shall be permitted in connection with automobile service stations.
Signs on marquees shall be in proportion with the length and depth of the marquee but the sign shall not protrude below or above the marquee.
E. No blinking, flashing, rotating or animated signs shall be permitted on the exterior of any building in this district.
F. In cases where parking lots are adjacent to or at the rear of buildings, signs may be located on the side or rear of the building and shall be developed to the same standards as are required in the front of the buildings.
G. Lights used on illuminated signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a public street or adjacent property.
Direction signs and free-standing directional signs related to the location of buildings, or related to the activities on the property on which the signs are located, shall not exceed six square feet in area for each directional sign.
I. Billboards should not be permitted in this commercial district.
J. Pole signs (free standing) will be permitted adjacent to parking lots. The height of the pole and the changing advertising material should be limited in size and design subject to the planning commission review and approval.
K. Signs may not be placed on the roofs of buildings except in the case of service stations when the sign is an integral part of the structure.
Public posting shall be permitted in specifically approved areas as designated by the planning commission.
Parking activities. No signs, billboards or advertising structures, other than those referring to sponsorship, availability and charges for parking space, shall be permitted.
Created: 2022-88-25 12:02:29 [EST]
(Supp, No. 17)
1. One sign for each entrance to a parking facility shall be permitted provided that the sign shall not exceed one square foot of area for each one lineal foot of street footage upon the subject lot, and further provided that no single sign shall exceed one hundred square feet in area.
2. Exit signs, not to exceed six square feet in area, shall be permitted at each exit from the parking lot to any abutting street or alley. All parking-lot signs shail be approved by the planning commission.
N. Lighting. No red, green or amber lights or illuminated signs may be placed in such a position that they could reasonably be expected to interfere with or be confused with any official traffic control device or traffic signal or official directional guide sign. Lights used to illuminate signs or advertising structures shall be so installed as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a street or adjacent property.
(Ord. 68-128 §5-223.5(J), 1968).
18.24.170 Loading spaces required.
Number of Loading Spaces Gross Floor Area
A. Office buildings
1. 3,500 - 50,000 square feet
2. 50,001 - 100,000 square feet
3. 100,001 - and over square feet
B. Commercial buildings
1. 3,500 - 15,000 square feet
2. 15,001 - 45,000 square feet
45,001 - 75,000 square feet
4. 75,001 - 105,000 square feet
5. 105,001 - and over square feet
C. A minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.
D. When a loading space abuts any alley and/or one-half the alley, the width of the lot can be considered as part of the loading space.
(Ord. 68-128 §5-223.5(K), 1968).
18.24.180 Site plan review.
A site plan will be submitted to the planning commission for its approval before any building is erected or any parking facilities developed on any lot within the C-4 district. The provisions of Chapter 18.40 shall apply. (Ord. 68-128 §5-223.6, 1968).
Created: 2822-08-25 12:02:30 [EST]
(Supp. No. 17)
Title 18- ZONING
Chapter 18.26 C-5 DISTRICT —GENERAL COMMERCIAL
Chapter 18.26 C-5 DISTRICT-GENERAL COMMERCIAL
Sections:
18.26.010 Intent.
This C-5 general commercial district is developed to serve commercial uses which do not belong in the general trading district.
(Ord. 68-128 §5-224, 1968).
18.26.020 Uses permitted —Generally.
The following uses shall be permitted in the C-5 district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.26.060 through 18.26.170 of this chapter:
A. Retail:
Automobile sales with incidental repair and service (any repair to be conducted within an enclosed building);
Automobile parts (new);
Automobile supply (new);
Boat sales;
Convenience store or market, excluding alcohol sales;
Electrical supply;
Furniture;
Garden supply;
Grocery store, including incidental alcohol sales;
House trailer sales;
Heavy equipment sale and repair;
Machinery sales;
Mattress shop;
Model home display;
Motel;
Nursery;
Pottery sales (located within an enclosed building);
Secondhand stores (display of merchandise shall be within an enclosed building).
B. Services:
Parlier, California, Code of Ordinances Created: 2822-08-25 12:02:30 [EST] (Supp. No. 17)
Ambulances;
Automobile reupholstery;
Communications equipment building;
Laundry agencies or pick-up facilities;
Professional offices;
Sign painting;
Storage garage;
Tractor sales and repair;
Tire recapping;
Tinsmith;
Utility distribution substation;
Upholstery;
Veterinarian.
c. Recreation:
General commercial amusements, excluding video arcades; Miniature golf courses;
Pitch and putt course;
Skating rink;
Sport arena.
(Ord. 97-6 §2, 1997: Ord. 85-06 §1, 1985; Ord. 84-05 §54, 5, 1984; Ord. 83-11 §2(part), 1983; Ord. 68-128 §5-224.1, 1968).
(Ord. No. 2021-05, § 1,9-2-2021)
18.26.030 Uses permitted—Subject to commission review and approval.
Uses permitted subject to commission review and approval in the C-5 district include:
Automobile repair (garage), repair to be conducted within an enclosed building; Body and fender shop, to be conducted within an enclosed building; Body paint shop, to be conducted within an enclosed building; Churches;
Clubs and lodges;
Golf driving range;
Pitch and putt course;
Parking lots or parking structures.
(Ord. 68-128 §5-224.2, 1968).
Created: 2022-08-25 12:02:30 (EST]
(Supp. No. 17)
18.26.040 Uses permitted-Subject to conditional use permit.
Uses permitted subject to conditional use permit in the C-5 district include:
Auction houses;
Automobile repair (located within an enclosed building); Convenience store or market, including alcohol sales;
Drive-in or drive-thru restaurant;
Farm equipment repair;
Funeral parlor or mortuary;
Laundromat;
Liquor sales as a primary activity;
Mechanical or hand car wash (may include accommodations for large vehicles); Radiator shop;
Service station (may include diesel fueling facilities); Temporary caretaker office/unit, to be considered a temporary use, with an approved conditional use permit valid for a maximum of three years.
(Ord. 96-01 §1, 1996; Ord. 93-07 § 2, 1993: Ord. 68-128 §5-224.3, 1968). (Ord. No. 2021-05, § II, 9-2-2021)
18.26.050 Prohibited uses.
The following are expressly prohibited uses in the C-5 district:
New residential:
Industrial uses;
Trailer parks.
(Ord. 68-128 §5-224.4, 1968).
18.26.060 Property development standards.
The property development standards codified in Sections 18.26.070 through 18.26.170 shall apply to all land and structures in the C-5 general commercial district.
(Ord. 68-128 §5-224.5 (part), 1968).
18.26.070 Lot area.
There are no lot area requirements in the C-5 district. (Ord. 68-128 §5-224.5(A), 1968).
Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)
18.26.080 Lot dimensions.
There are no lot dimension requirements in the C-5 district. (Ord. 68-128 §5-224.5(B), 1968).
18.26.090 Population density.
There are no population density requirements in the C-5 district. (Ord. 68-128 §5-224.5(C), 1968).
18.26.100 Building height.
The building or structure height shall not exceed six stories or seventy-five feet. (Ord. 68-128 §5-224.5(D), 1968).
18.26.110 Setback and yard requirements.
No requirements, except where the C-5 district abuts a residential district there shall be a yard of not less than ten feet wide extending the full width and length of the C-5 lot. If the C-5 district boundary is a side or rear lot line, the yard may be used for parking or loading, provided a six-foot high masonry wail is placed on the lot line. All storage yards shall be enclosed by a six-foot high masonry wall at the lot line.
If the C-5 district boundary is a street the front and side yard shall be landscaped and maintained; a three- foot masonry wall shall be erected at the setback line. (Ord. 68-128 §5-224.5(E), 1968).
18.26.120 Space between buildings.
There are no requirements in the C-5 district.
(Ord. 68-128 §5-224.5(F), 1968).
18.26.130 Lot coverage.
There are no lot coverage requirements in the C-5 district. (Ord. 68-128 §5-224.5(G), 1968).
18.26.140 Off-street parking.
The requirements shall be the same as the C-4 district, Section 18.24.140. (Ord. 68-128 §5-224.5(H), 1968).
Created: 2822-88-25 12:02:30 (EST]
(Supp. No. 17)
18.26.150 Access.
There shall be adequate vehicular access from a dedicated and improved street, service road or alley, the design of which shall be approved by the city. The commission shall designate the location and number of ingress and egress to the property.
(Ord. 68-128 §5-224.5(l), 1968).
18.26.160 Outdoor advertising.
The requirements shall be the same as the C-4 district, Section 18.24.160. (Ord. 68-128 §5-224.5(J), 1968).
18.26.170 Loading spaces required.
The requirements shall be the same as the C-4 district, Section 18.24.170. (Ord. 68-128 §5-224.5(K), 1968).
18.26.180 Site plan review.
A site plan will be submitted to the planning commission for its approval before any building is erected or any parking facilities developed on any lot within the C-5 district. The provisions of Chapter 18.40 shall apply. (Ord. 68-128 §5-224.6, 1968).
Chapter 18.28 M-1 DISTRICT-MANUFACTURING
Sections:
18.28.010 Intent.
The M-1 manufacturing district has been created for uses which include manufacturing, fabrication, assembly, processing of material, and specified, limited commercial agricultural operations. (Ord. 68-128 §5-228, 1968).
(Ord. No. 2017-03, § 2, 11-15-2017)
18.28.020 Uses permitted—Generally.
The following uses shail be permitted, provided that no uses shall be carried on in a manner that is, in the opinion of the planning commission, objectionable from the standpoint of odor, dust, smoke, gas, noise or vibration. All uses shall be subject to the property development standards in Sections 18.28.060 through
18.28.190:
Animal hospital and shelter;
Automotive painting;
Created: 2822-88-25 12:02:38 [EST]
(Supp. No. 17)
Automotive reconditioning;
Bulk oil storage and supply;
Butane gas storage;
Carpenter or cabinet shop;
Carpet and rug cleaning plant;
City, county or state maintenance and equipment yards;
Cleaning and dyeing plant;
Commercial cannabis operations subject to the provisions of Chapter 18.55.
Concrete, sand and gravel storage and mixing;
Electric motor;
Farm equipment sales repair and storage;
Feed and fuel yard;
Freight yard;
Grain storage and shipping;
Heavy farm equipment sales and repair;
Ice and cold storage plant;
Ice manufacturing;
Indoor cultivation of crops other than cannabis;
Lumber yard, outside storage and warehouses;
Machinery shop (no punch press over twenty ton or drop hammer); Machinery rental;
Packing of fruit and vegetables;
Packing sheds;
Petroleum bulk plant;
Printing, lithographing, publishing;
Public utility buildings and uses;
Repair garage;
Retail lumber yard including warehousing;
Service station;
Sheet metal shop;
Storage yards and building materials;
Storage yards for contractors;
Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)
Tire retreading, recapping, rebuilding;
Truck terminal and repair;
Upholstering;
Welding and machine works;
Wholesaling and warehousing.
(Ord. 68-128 §5-228.1, 1968).
(Ord. No. 2017-03, § 2, 11-15-2017)
18.28.030 Uses permitted-Subject to commission review and approval.
Uses permitted subject to planning commission review and approval shall include: The manufacturing, compounding, assembly or treatment of articles of merchandise from previously prepared materials and metals. (Ord. 68-128 §5-228.2, 1968).
18.28.040 Uses permitted-Subject to conditional use permit.
Uses permitted subject to conditional use permit shall include:
Bailed cotton storage;
Cotton compress;
Used lumber and material yard.
(Ord. 68-128 §5-228.3, 1968).
18.28.050 Prohibited uses.
A. The residential uses existing as of May 4, 1968, may continue as residential uses but may not be expanded into more intensified residential uses.
B. Uses expressly prohibited in the M-1 district include:
New residential uses;
Automobile wrecking or burning, rag or scrap iron storage or bailing; Asphalt and asphaltic concrete mixing or batching plants; Chemical plants (heavy);
Garbage, offal, dead animal or refuse incineration, reduction or dumping; Inorganic fertilizers and the compounding of dried inorganic material; Metals extraction and smelting plant;
Organic fertilizer manufacture;
Tanning, curing or storing of raw hides or skins;
Serum, toxin and virus manufacturing laboratory;
Created: 2822-88-25 12:02:30 [EST]
(Supp. No. 17)
Sugar or starch manufacturing plant;
Wool pulling or scouring plant.
C. Adult uses shall not be permitted in the M-1 district. (Ord. 85-19 58, 1985; Ord. 68-128 §5-228.4, 1968).
18.28.060 Property development standards.
The property development standards codified in Sections 18.28.070 through 18.28.190 shall apply in the M-1 district.
(Ord. 68-128 §5-228.5(part), 1968).
18.28.070 Lot area.
There are no lot area requirements in the M-1 district. (Ord. 68-128 §5-228.5(A), 1968).
18.28.080 Lot dimensions.
The minimum width shall be seventy-five feet and the minimum depth shall be one hundred twenty feet. (Ord. 68-128 §5-228.5(B), 1968).
18.28.090 Population density.
There are no population density requirements in the M-1 district. (Ord. 68-128 §5-228.5(C), 1968).
18.28.100 Building height.
No structure or building shall have a height greater than seventy-five feet. (Ord. 68-128 §5-228.5(D), 1968).
18.28.110 Setback and yard requirements.
A. Front. None, except if the boundary between the M-1 district and a residential district is developed on a street or highway the front yard or side yard setback shall be fifteen feet. This yard shall not be used for parking or boarding.
B. Side. None, except when the side lot line of an M-1 district adjoins any residential district there shall be a side yard of fifteen feet. Side yard may be used for parking and storage. Storage shall not be stored higher than six feet.
C. Corner Lot. When the rear lot line of a corner lot in an M-1 district adjoins any residential district there shali be a side yard abutting the street not less than ten feet in width.
Created: 2022-08-25 12:02:30 [EST]
(Supp. No. 17)
D. Reversed Corner Lots. When the rear lot line of a reversed corner lot in an M-1 district adjoins any residential district, there shall be a side yard abutting the street fifteen feet in width. This yard shall not be used for parking or loading.
Rear. None, except if the boundary between the M-1 district and a residential district is developed on a street or highway the rear yard setback shall be fifteen feet. The yard shall not be used for parking or loading. When the rear lot line in an M-1 district adjoins any residential district there shall be a rear yard of fifteen feet. The yard may be used for parking and material storage. (Ord. 68-128 §5-228.5(E), 1968).
18.28.120 Space between buildings.
There are no requirements in the M-1 district.
(Ord. 68-128 §5-228.5(F), 1968).
18.28.130 Lot coverage.
There are no lot coverage requirements in the M-1 district. (Ord. 68-128 §5-228.5(G), 1968).
18.28.140 Fences, hedges and walls-Corner cut-off areas.
A. A lot that is bounded by an M-1 and residential district shall have a six-foot high masonry wall erected along the property line of the M-1 lot.
B. The wall height of the interior lot line between the M-1 and residential district shall be reduced to three feet within the front yard setback area.
Corner Cut-off Areas. There shall be a corner cut-off area at all intersecting streets or highways. The cut-off area shall be visually nonobstructive. The area shall be measured horizontally thirty feet from the corner of the lot, in each direction.
(Ord. 68-128 §5-228.5(H), 1968).
18.28.150 Off-street parking.
There shall be one off-street parking space for each two permanent employees, one parking space for each truck operated by the concern and one parking space for each salesperson permanently employed. Such spaces shall be located within three hundred feet of the property served. The general conditions Section 18.32.140 shall apply.
(Ord. 68-128 §5-228.5(l), 1968).
18.28.160 Access.
A. The planning commission shall designate the number and location of the ingress and egress system.
B. There shall be vehicular access from a dedicated and improved street or alley to off-street parking and loading facilities on the property requiring off-street parking and loading.
Created: 2822-08-25 12:02:38 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-228.5(J), 1968).
18.28.170 Outdoor advertising.
There shall be no advertising structures or signs located within fifty feet of a boundary between an M-1 and a residential district.
(Ord. 68-128 §5-228.5(K), 1968).
18.28.180 Lighting.
concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a street or adjacent property.
(Ord. 68-128 §5-228.5(L), 1968).
18.28.190 Loading spaces required.
Number of Loading Spaces Gross Floor Area
A. Industrial building
1. 3,500 - 40,000 square feet
2. 40,001 - 80,000 square feet
3. 80,001 - 120,000 square feet
4. 120,001 - 160,000 square feet
B. Commercial buildings
1. 3,000 - 15,000 square feet
2. 15,001 - 45,000 square feet
3. 45,001 - 75,000 square feet
4. 75,001 — 105,000 square feet
C. Office buildings
1. 3,500 - 50,000 square feet
2. 50,001 — 100,000 square feet
3. 100,001 - and over square feet
D. The minimum loading space shall be twelve feet in width, forty feet in length and fourteen feet in vertical clearance.
E. An alley or street shall not be used for loading.
Whenever the loading area abuts a street, the front yard required in this M-1 district can be used in calculating the area needed for loading.
Created: 2822-68-25 12:82:38 [EST]
(Supp. No. 17)
G. After May 4, 1968, if a building has existing loading spaces, those loading spaces shall be maintained as long as the building remains. If a new building is erected, the loading space requirements of this title shall apply. (Ord. 68-128 §5-228.5(M), 1968).
18.28.200 Site plan review.
A site plan will be submitted to the city council for its approval before any building is erected or any parking facilities developed on any lot within the M-1 district. The provisions of Chapter 18.40 shall apply. (Ord. 88-08, 1988),
Chapter 18.30 P DISTRICT-OFF-STREET PARKING
Sections:
18.30.010 Intent.
The P off-street parking district is intended to provide for permanent parking when the land is set aside with the consent of the property owner based on a site plan. (Ord. 68-128 §5-229, 1968).
18.30.020 Uses permitted -Generally.
The following uses shall be permitted in the P district, plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare. All uses shall be subject to the property development standards in Sections 18.30.070 through 18.30.180.
A. Off-street parking lots;
B. Buildings incidental to the operation of a parking lot, not to exceed one hundred square feet in area, to be used for purposes of maintaining the lot and to contain no provisions for residential or commercial use;
C. Signs, subject to the provisions of Section 18.30.170. (Ord. 68-128 §5-229.1, 1968).
18.30.030 Uses permitted-Subject to commission review and approval.
Uses permitted in the P district subject to commission review and approval include:
Parking buildings.
(Ord. 68-128 §5-229.2, 1968).
18.30.040 Uses permitted-Subject to conditional use permit.
There are no uses subject to conditional use permit in the P district. (Ord. 68-128 §5-229.3, 1968).
Created: 2022-68-25 12:82:30 [EST]
(Supp. No. 17)
18.30.050 Prohibited uses.
Uses expressly prohibited in the P district include:
Residential or combination of residential and non-residential uses. (Ord. 68-128 §5-229.4, 1968).
18.30.060 Property development standards.
The property development standards codified in Sections 18.30.070 through 18.30.170 shall apply in the P district.
(Ord. 68-128 §5-229.5(part), 1968).
18.30.070 Lot area.
There are no lot area requirements in the P district.
(Ord. 68-128 §5-229.5(A), 1968).
18.30.080 Lot dimensions.
All lots shall have a minimum dimension of forty feet.
(Ord. 68-128 §5-229.5(B), 1968).
18.30.090 Population density.
No residential structures are permitted in the parking district. (Ord. 68-128 §5-229.5(C), 1968).
18.30.100 Building height.
No parking structure shall exceed three stories or forty feet in height. (Ord. 68-128 85-229.5(D), 1968).
18.30.110 Setback and yard requirements.
Front. No setback required.
B. Side and Rear. No parking structure shall be closer than ten feet from any residential district. (Ord. 68-128 §5-229.5(E), 1968).
18.30.120 Space between buildings.
There are no requirements for the P district.
Created: 2022-08-25 12:02:38 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-229.5(F), 1968).
18.30.130 Lot coverage.
There are no lot coverage requirements except yard requirements. (Ord. 68-128 §5-229.5(G), 1968).
18.30.140 Fences, hedges and walls.
A solid masonry wall six feet high shall be erected along the property line or district boundary line between P parking district and residential districts.
(Ord. 68-128 §5-229.5(H), 1968).
18.30.150 Off-street parking.
See Section 18.32.140 for off-street parking property development standards. (Ord. 68-128 §5-229.5(1), 1968).
18.30.160 Access.
Access to off-street parking facilities shall be not less than ten feet in width for each direction of traffic. (Ord. 68-128 §5-229.5(J), 1968).
18.30.170 Outdoor advertising.
No sign, billboard or advertising structure, other than those referring to sponsorship, availability and charges for parking space, shall be permitted.
B. One sign for each entrance to a parking facility shall be permitted, provided that the sign shall not exceed one square foot of area for each one lineal foot of street frontage upon the subject lot, and further provided that no single sign shall exceed one hundred square feet in area.
C. Exit signs, not to exceed six square feet in area, shall be permitted at each exit from the parking lot to any abutting street or alley.
(Ord. 68-128 55-229.5(K), 1968).
18.30.180 Site plan review.
Before any building or structure or parking lot is erected or established on any lot in this district, a site plan shall have been submitted to and approved by the commission, pursuant to the provision of Chapter 18.40. (Ord. 68-128 §5-229.6, 1968).
Created: 2022-08-25 12:02:38 [EST]
(Supp. No. 17)
Title 18 - ZONING
Chapter 18.32 GENERAL CONDITIONS
Chapter 18.32 GENERAL CONDITIONS
Sections:
18.32.010 Applicability.
The general conditions, where applicable, shall apply in all districts. (Ord. 68-128 $5-301, 1968).
18.32.020 Uses permitted-Generally-Exemptions.
The following regulations shall apply to uses permitted in this title:
A. Uses Listed as Permitted.
1. Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes listed as permitted in the district in which such building or land is located, and then only after applying for and securing all permits and licenses required by law and this code.
2. Any use already established within an area when it is first zoned but which is not a permitted use within such district or is a permitted use only with a conditional use permit shall be allowed to continue therein as a nonconforming use subject to all conditions and restrictions relating to nonconforming uses as provided in Chapter 18.44.
B. Uses not Listed as Permitted.
1. It is recognized that, in the development of a comprehensive zoning title:
a. Not all uses of land can be listed, nor can all future uses be anticipated; or b. A "use" may have been omitted from the list of those specified as permissible in each of the various districts herein designated; or
c. Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.
Hence, the phrase, "plus such other uses as the commission may deem to be similar and not more obnoxious or detrimental to the public health, safety and welfare," appears in "uses permitted" in each district.
2. For procedure for uses which are not listed as permitted, the provisions of Chapter 18.34 shall apply.
(Ord. 68-128 §5-302, 1968).
18.32.030 Uses permitted-Subject to commission review and approval.
Certain uses listed in the districts are permitted only when subject to review and approval by the commission. Buildings, structures and land shall be used, designed, erected, structurally altered, or enlarged for the purpose so listed in the district in which such building or land is located only after review and approval by the Parlier, California, Code of Ordinances Created: 2822-88-25 12:02:31 [EST] (Supp. No. 17)
commission as herein provided, and after applying for and securing all necessary permits and licenses. For procedure, the provisions of Chapter 18.36 shall apply. (Ord. 68-128 §5-303, 1968).
18.32.040 Uses permitted-Subject to conditional use permit.
Certain uses listed in the districts are permitted only when subject to conditional use permit. Such uses shall be subject to all applicable property development standards of the district in which they are to be located. Any such use may be subject to the submission of a site plan.
A. Uses listed in the districts as permitted subject to conditional use permit are permitted subject to the procedures of Chapter 18.38.
In addition, the following uses may be permitted pursuant to this section in any district except where expressly prohibited, when such uses are recommended by the commission and deemed by the council to be essential and desirable for the public welfare and convenience, and when such uses are in conformity with the general plan and its objective, subject to the procedures of Chapter 18.38:
1. Airport or aircraft landing facilities;
2. Cemeteries;
3. Convents and Rectories, when connected with other religious institutions such as schools or churches;
4. Development of Natural Resources, including borrow pits and quarries, with necessary buildings, apparatus, or appurtenances thereto;
5. Golf courses and driving ranges;
6. Hospitals;
7. Oil wells and appurtenant facilities;
8. Radio or television antennas and transmitters (Commercial);
9. Stadia;
10. Governmental facilities;
11. Public utility and public services and water well structures, uses and buildings, except as otherwise provided in this title;
12. In residential districts, large-scale housing developments on sites not less than five acres in area subject to the population density standards of the district in which such facility is proposed to be located;
13. Rest homes and homes for the aged, subject to the population density standards of the district in which such facility is proposed to be located. For this purpose, the resident family and each four persons residing in such home shall each be counted as one family in determining the required lot area.
(Ord. 68-128 §5-304, 1968).
Created: 2622-08-25 12:02:31 [EST]
(Supp. No. 17)
18.32.050 Prohibited uses.
Specific uses of land, buildings and structures listed as prohibited in each district, are hereby declared to be detrimental to the public health, safety and welfare and are, for said reason, expressly prohibited.
The enumeration of prohibited uses shall not by implication enlarge the scope of permitted uses; they are for purposes of clarity only.
(Ord. 68-128 §5-305, 1968).
18.32.060 Property development standards— Lot area.
After May 4, 1968, no building or structure, or enlargement of a building or structure, shall be located on a lot unless it conforms to the regulations of the district.
B. After May 4, 1968, each parcel of land containing five acres or less shall be one lot within each zone, the density (number of buildings on each parcel) shall be complied with, and a subdivision tract map or a record of survey map shall be recorded with the county recorder.
C. In compliance with this title, the required open or yard space of an existing building shall not be used or calculated for the area or space of a building to be erected.
D. in compliance with this title, designated parking areas, parking spaces, and loading spaces shall not be reduced in number; but if the spaces are reduced on a parcel, equivalent facilities and spaces will be furnished, at a location designated by the planning commission.
E. After the effective date of any ordinance by which any area is first zoned for any district, no land in such district may be divided, by the recordation of any map or by voluntary sale, contract of sale, or conveyance of any kind which creates a new parcel of land under separate ownership, which consists of less than the minimum lot area required for the district of which such lot is a part. Provided, however, that a tolerance of ten percent shall be allowed as to the requirement when the parcel so created is irregular in shape.
F. Any person participating in such division in violation of this section, whether as seller, grantor, purchaser, or grantee, shall as principal in the transaction be guilty of a misdemeanor. Any deed or conveyance, sale or contract to sell made contrary to the provision of this paragraph is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in solvency or bankruptcy within one year after the date of execution of the deed or of conveyance, sale or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase other than those above enumerated and upon the grantor, vendor or person contracting to sell or his assignee, heir or divisee.
(Ord. 68-128 §5-306(A), 1968).
18.32.070 Property development standards-Lot dimensions.
As prescribed in each zoning district, every lot shall have a minimum width and depth. Where a lot was recorded under one ownership before May 4, 1968, and the lot is less than the required width and depth, the lot may be used, if all other property development standards are adhered to. (Ord. 68-128 §5-306(B), 1968).
Created: 2022-08-25 12:82:31 [EST]
(Supp. No. 17)
18.32.080 Property development standards-Population density.
Density regulations of each district shall apply.
(Ord. 68-128 §5-306(C), 1968).
18.32.090 Property development standards-Building height.
All buildings erected, or existing buildings which shall be altered or enlarged, shall comply with the height regulations of the district in which they are located.
(Ord. 68-128 §5-306(D), 1968).
18.32.100 Property development standards-Setback and yard requirements-Unit planned development.
A. Yards.
1. In measuring a front yard or side yard, it shall be the perpendicular distance between the public property line and the face of the building.
The yard requirements as set forth in the district shall apply with the addition of the following:
Churches, schools and institutions at property boundaries: No building shall be erected or altered, unless such buildings, when fronting on a street, shall have a front yard no less than that set forth in the zone district in which the building is to be erected or altered. Side and rear yards may be used for off-street parking providing a masonry wail is placed on the property line abutting the parking. For required wall height see zone district in which building is located. b. Official plan lines shall be established by the street and highway element of the general plan.
Rear yards for single lots: When single lots are part of an existing partially built-up block, the setbacks for the rear part of a lot may be less than required, provided written consent is given from the abutting property owners, site plan review Chapter 18.40 is adhered to, and the rear yard shall be no less than the side yard requirement of the zone district.
B. Unit Planned Development.
1. In multiple family residential districts, building heights, yards, spaces between buildings, fences, hedges, walls and signs need not meet the specific code requirements, provided the planning commission and the city council make findings that a more functional and desirable use of the property is made by a unit planned development and it will have no adverse effect on abutting property or the permitted use thereof.
2. In multiple family residential districts, on a parcel in excess of ten acres, a unit planned development is no advertising material of such uses visible from the outside of such building. (Ord. 68-128 §5-306(E), 1968).
Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)
18.32.110 Property development standards-Space between buildings.
See each district for requirements.
(Ord. 68-128 §5-306(F), 1968).
18.32.120 Property development standards-Lot coverage.
See each district for requirements.
(Ord. 68-128 §5-306(G), 1968).
18.32.130 Property development standards-Fences, hedges and walls.
See each district for requirements. Nothing in this section shall reduce the requirements established for security fencing by either local, state or federal law or by safety requirements of the board of education. (Ord. 68-128 §5-306(H), 1968).
18.32.140 Property development standards-Off-street parking-Generally.
A. Off-street parking, see each district for specific requirements.
1. Parking shall be provided at the time a new building is erected or an existing building is altered. The parking area size and number of stalls shall be maintained as long as the main building remains.
2. After May 4, 1968, no existing main building will be altered on a lot unless the parking requirements are provided. (See parking requirements for each district).
3. In calculating the area needed for parking, the ingress and egress system shall be part of the total area.
4. All motor vehicles that cannot be moved under their own power, other than in case of emergency, shall be stored in an entirely enclosed space or carport, in any residential district.
5. No house trailer shall be stored or parked in any residential district, except in a rear yard enclosed by a solid wall or fence not less than five nor more than six feet in height, or in an entirely enclosed area.
B. Nonresidential Requirements.
1. Bowling alleys: Provide five parking spaces for each alley.
2. For places of assembly (theaters, libraries, meeting halls and churches): Within the main meeting hall, one parking space for every forty square feet of floor area or one parking space for five permanent seats, whichever is the greater number of spaces. For meeting areas without the use of buildings, one parking space for every five persons normally attending will be required.
3. Dance halls: One parking space for every fifty square feet of floor area used for dancing, or one space for every one hundred square feet of gross floor area, whichever provides the greater number of spaces.
(Ord. 68-128 §5-306(1), 1968).
Created: 2022-68-25 12:82:31 [ESTI
(Supp. No. 17)
18.32.150 Property development standards-Off-street parking-Parks and playgrounds.
There shall be one parking space for every eight thousand square feet of active recreational area. (Ord. 68-128 §5-306(J), 1968).
18.32.160 Property development standards-Off-street parking-Public and private schools.
Schools shall provide spaces as follows:
A. Elementary: One parking space for each employee and faculty member; B. Junior high: One parking space for each employee and faculty member; Schools having auditoriums or places of assembly: See places of assembly Section 18.32.140 B 2 above for parking requirements;
D. Parking areas shall be located on school property.
(Ord. 68-128 §5-306(K), 1968).
18.32.161 Property development standards-Off-street parking-Restaurants and bars.
Restaurants and bars shall provide parking spaces as follows:
A. For bars and restaurants having less than one thousand square feet of gross floor area, there shall be one parking space for each two hundred square feet.
B. For bars and restaurants having less than four thousand square feet of gross floor area, there shall be one parking space for each one hundred square feet.
C. For bars and restaurants having four thousand square feet or more of gross floor area, there shall be forty parking spaces plus one for each fifty square feet in excess of four thousand square feet. (Ord. 84-08 §2, 1984; Ord. 84-05 §7, 1984).
18.32.170 Property development standards—Off-street parking-Maintenance of areas.
All parking areas shall be graded, surfaced and drained in accordance with city standards, and shall cheaty farked, intaine directional aron to ges lanternal investen despas are provided all ine stalls shall be so arranged that the backing-out movement shall not be onto major streets and highways, or backing onto any pedestrian access way.
(Ord. 68-128 §5-306(L), 1968).
18.32.180 Property development standards-Access.
See each zone for its requirements.
(Ord. 68-128 §5-306(M), 1968).
Created: 2022-68-25 12:02:31 (EST]
(Supp. No. 17)
18.32.190 Property development standards-Outdoor advertising.
See each zone for requirements.
(Ord. 68-128 §5-306(N), 1968).
18.32.200 Property development standards-Loading spaces.
See each zone for requirements.
(Ord. 68-128 §5-306(0), 1968).
18.32.210 Property development standards —Borrow pit use.
The use of a borrow pit shall be required to refill, replace and reclaim such a pit in a manner satisfactory to the commission.
(Ord. 68-128 §5-306(P), 1968).
18.32.220 Property development standards-Cabanas.
Cabanas shall not be permitted in any district other than the T-P district. (Ord. 68-128 §5-306(Q), 1968).
18.32.230 Property development standards-Dairy drive-ins.
Adequate ingress, egress and waiting areas shall be provided on the subject lot. All activities, other than actual delivery of the merchandise to the consumer, shall be conducted within an entirely enclosed building. (Ord. 68-128 §5-306(R), 1968).
18.32.240 Property development standards—Day nursery schools.
The number of children permitted in a day nursery shall be limited by the regulations for the district in which such nursery is located, but in all cases such number shall be in addition to the children of the resident family. (Ord. 68-128 §5-306(S), 1968).
18.32.250 Property development standards-Drive-in movies and restaurants.
Adequate waiting area, parking, and ingress and egress to such parking, shall be provided on the subject lot. (Ord. 68-128 §5-306(T), 1968).
18.32.260 Property development standards-Driveways.
A driveway shall be paved with asphalt, concrete or other material approved by the commission, having not less than ten feet in width, and not encumbered by any properties to a height under eight feet above the ground.
Created: 2822-08-25 12:02:31 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-306(U), 1968).
18.32.270 Property development standards-Easements.
No building or structure shall be constructed which may be in conflict with an easement. (Ord. 68-128 §5-306(V), 1968).
18.32.280 Property development standards-Fences and plantings.
Fence materials may include wire mesh, steel mesh, chain link, louvered glass, stake and other similar materials. Planting shall be regulated to maintain the required open areas in the fence structure. (Ord. 68-128 $5-306(W), 1968).
18.32.290 Property development standards-Greenhouses.
A greenhouse shall be classified as a building for determining lot coverage. The property development standards of the district shall apply if such structure exceeds the permitted fence height for the district or if such structure exceeds one hundred square feet in area.
(Ord. 68-128 §5-306(X), 1968).
18.32.300 Property development standards-Lot lines.
A. Lot line, front:
1. On an interior lot, the front lot line is the property line abutting the street.
On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street.
3. On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the commission shall determine which property line or lines shall be the front lot line or lines for purposes of compliance with yard and setback provisions of this code.
Lot line, rear: In the case of an irregular, triangular, or goreshaped lot, the rear lot line shall be a line within the lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten feet. A lot which is bounded on all sides by streets may have no rear lot lines.
C. Lot line, side: On a lot with three or more sides abutting a street, all lot lines abutting such street or streets, other than the front lot line or lines, may be side lot lines.
D. Lot line, through: For "through lots," the commission shall determine which frontage or frontages shall be considered as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provision of this title.
(Ord. 68-128 §5-306(Y), 1968).
18.32.310 Property development standards—Automobile parking space.
Where ten or more automobile parking spaces are to be grouped as a common facility, the individual car spaces plus the area necessary for driveways shall total not less than three hundred fifty square feet per car space.
Created: 2022-98-25 12:02:31 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-306(Z), 1968).
18.32.320 Property development standards-Rest homes and homes for the aged.
There shall be only incidental convalescent care not involving a physician residing on the premises of any rest home. There shall be no surgery or other similar activities such as are customarily provided in sanatoriums or hospitals.
(Ord. 68-128 §5-306(Z) (part), 1968).
18.32.330 Property development standards-Temporary structures.
A temporary structure shall be subject to all applicable property development standards for the district in which it is located.
(Ord. 68-128§5-306(Z)(part), 1968).
18.32.340 Property development standards-Wall materials.
Wall materials shall include concrete, concrete block, brick, masonry or any other similar materials that are solids and are so assembled as to form a solid barrier. (Ord. 68-128 §5-306(Z)(part), 1968).
18.32.350 Partially subdivided blocks.
Where forty percent of a block is built up or subdivided, and the block is already subdivided to lot size and area less than required by this title or its zone, the lot area may be reduced by ten percent with the review and approval of a site plan and by the commission.
(Ord. 68-128 §5-309, 1968).
18.32.360 New construction and uses-Certificate and permit required.
It shall be unlawful for any person, firm or corporation to erect, construct, alter, enlarge or use any building, structure, or improvements or use of premises located in any district described in this title contrary to the provisions of this title. A certificate of occupancy and building permit from the city, if required, shall be obtained before said new construction or new uses may proceed.
(Ord. 68-128 §5-310, 1968).
18.32.370 Existing uses— Nonconforming uses and variances.
The buildings and uses of all buildings, improvements and premises existing as of May 4, 1968, and not in conformity with the standards or requirements of the land use district in which they are located under this title and its accompanying maps, and which uses were legal, or uses for which permits, variances, or conditional exceptions were granted under previous zoning ordinances, may continue as nonconforming uses or variances and are subject to the provisions regulating such nonconforming uses or variances and subject to the conditions under which the uses were originally permitted.
Created: 2022-88-25 12:82:31 [EST]
(Supp. No. 17)
(Ord. 68-128 §5-311, 1968).
18.32.380 Official plan lines.
When yards are required abutting major and secondary streets and highways and traffic collector streets, the yards shall be measured from the right-of-way line of their general plan width. Where yards are not required, the building shall be located on or to the rear of the street or highway right-of-way line. (Ord. 68-128 §5-312, 1968).
18.32.390 Certificate of occupancy required when-Contents-Record keeping.
The following conditions shall apply to all buildings and uses, with the exceptions as indicated in Sections
18.32.360 and 18.32.370:
A. For Use of Buildings.
1. No building altered, enlarged, moved or changed shall be used or occupied until a certificate of occupancy has been issued by the city. Such certificate shall be applied for where the building permit is requested, but the certificate of occupancy shall not be issued until the building enlargements or alterations have been completed, in conformity with the provisions of the title and with an approved site plan.
Any use legally occupying an existing building as of May 4, 1968, may continue, but shall not be changed unless a certificate of occupancy for the new uses shall have been issued by the city after finding that such uses conform to this title.
B. Vacant Land. Before any vacant land is used or the existing use is changed, a certificate of occupancy shall be issued by the city, provided such use is in conformity with the provisions of this title. However, if the land is being used for growing of farm, garden or orchard products, no certificate of occupancy shall be required.
Contents of Certificate. The certificate of occupancy shall state that the building or proposed use of a building or land has complied with all laws and codes, including the provisions of this title, and with an approved site plan and any conditions required by the commission or council relative to the proposed building or use.
D. Record. A record of all certificates of occupancy shall be kept on file in the office of the city clerk and copies shall be furnished on request to any person having a proprietary or tenancy interest in the subject building, use or land.
(Ord. 68-128 §5-313, 1968).
18.32.400 Building permit required—Application contents.
Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion or license for such use, where required, is first obtained from the city or person vested with the duty or authority to issue same.
Created: 2022-08-25 12:82:31 [EST]
(Supp. No. 17)
Each application for a building permit shall be made on a printed form to be obtained at the City Hall and shall be accompanied by accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of these regulations. Where complete and accurate information is not readily available from existing records, the city may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. The original of such application shall be kept in the office of the city clerk. (Ord. 68-128 §5-314, 1968).
18.32.410 Compliance required.
A. All departments, officials or public employees vested with the duty or authority to issue permits, licenses or certificates of occupancy, where required by law, shall conform to the provisions of this title. Any permit, license or certificate, if issued in conflict with the provisions hereof, shall be null and void.
B. Compliance by City. The provisions of the title shall apply to all buildings, improvements, lots and premises owned, leased, operated or controlled by the city or any department thereof, or by any other governmental agency excepting the federal or state governments.
(Ord. 68-128 §5-315, 1968).
18.32.420 Reserved.
Editor's note(s)-Ord. No. 2017-03, § 4, adopted Nov. 15, 2017, repealed § 18.32.420, which pertained to prohibited uses and derived from Ord. No. 2009-05, § 4, 1-6-2010.
18.32.430 Application for reasonable accommodation.
A. Purpose. This purpose of this section is to provide a procedure for individuals with disabilities to request reasonable accommodations in seeking equal access to housing under the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act hereafter "Acts") in the application of zoning laws and other land use regulations, policies, practices, and procedures. This provision also establishes the criteria to be used when considering requests for reasonable accommodations.
B. Applicability.
1. A request for reasonable accommodation may be made by any individual with a disability, his/her/their representative, or a developer or provider of housing for individuals with disabilities, when a requirement of this zoning code or other requirement, regulation, policy, or practice acts as a barrier to fair housing opportunities. This chapter is intended to apply to individuals with disabilities as "disability" is defined under the Acts.
2. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures for the siting, development, use of housing or housing-related facilities, and any other land use requirements that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his/her/their choice.
3. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.
4. A reasonable accommodation shall be a ministerial grant in compliance with this Title without the need for the approval of a variance, conditional use permit, special use permit or other exception process.
C. Procedure.
Created: 2022-08-25 12:02:31 [EST]
(Supp. No. 17)
1. A request for reasonable accommodation shall be submitted on an application form provided by the City or in the form of a letter to the city planner, and shall contain the following information:
a. The applicant's name, address, and telephone number; b. Address of the property for which the request is being made; c. The current use of the property;
d. The basis for the claim that the individual is considered disabled under the Acts or that the housing which is the subject of the request will be used by an individual with a disability (protected health information including a specific diagnosis is not required to verify disability status; e. The zoning code or land use provision, regulation, policy or procedure for which reasonable accommodation is being requested; and
f. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
2. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including a conditional use permit, design review, etc.), then the applicant shall file the information required by subsection (1) of this section for concurrent review with the application for discretionary approval.
3. A request for reasonable accommodation shall be reviewed by the city planner or their designee, if no approval is sought other than the request for reasonable accommodation. The city planner or their designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.
4. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.
D. Approval Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following findings:
1. Whether the individual requesting the accommodation has a disability as defined under the Act or the housing which is the subject of the request will be used by an individual with a disability;
2. Whether the requested accommodation is necessary for the individual to have equal opportunity to use and enjoyment of the housing and housing-related services;
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City; and
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.
E. Iterative Process. Prior to denying a request for reasonable accommodation, the city planner shall engage in the interactive process to discuss with the applicant an alternative accommodation that will meet the needs of the individual.
F. Appeals.
1. Only an aggrieved applicant and abutting property owners who receive notice of the reasonable accommodation determination have a right to appeal the decision. An appeal to the Planning Commission or City Council must be filed within 15 calendar days of the date of mailing the written notice of the decision. An appeal shall be made in writing and shall specify the reasons for the appeal and the grounds asserted for relief. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.
2. The City Council may, by resolution, adopt and from time to time amend a fee for the filing of appeals.
Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the Created: 2022-08-25 12:02:31 [EST]
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prescribed has been paid. Households considered low-income (making 80 percent of less of median income per California state law shall have the appeal fee waived.
3. After filing an appeal, the appropriate hearing body shall conduct a public hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of hearing shall be given to the appellant, the applicant; the owners) of the property involved; owners of abutting properties; the City having jurisdiction over the area in which the property is located; the chairperson of any design review or plan review board having jurisdiction over the area in which the property is located; and to any other persons who have filed a written request for notice. Such notices shall be mailed to the appellant and the applicant at least 15 days prior to the hearing.
4. The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision, and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.
5. At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant. The city planner may refer appeals of reasonable accommodation decisions to the Planning Commission for review. Decisions on appeals shall occur within 45 days. of the initial determination.
18.32.440 Application for density bonus.
A. Applicability. The provisions of this section are applicable only to residential projects of five (5) or more units, and senior housing projects of thirty-five (35) or more units.
B. General Provisions.
1. State Law Governs. The provisions of this section shall be governed by the requirements of Government Code Section 65915 et seq., as amended. Where conflict occurs between the provisions of this chapter and State law, the State law shall govern.
2. Availability. Affordable housing units shall be constructed concurrently with and made available for qualified occupants at the same time as the market-rate housing units within the same project unless both the city and the developer agree to an alternative schedule for development.
3. Effect of Granting Density Bonus. The granting of a density bonus shall not, in and of itself, require a General Plan amendment, zoning change, or other discretionary approval.
4. Income Levels. For purposes of determining income levels of households under this chapter, the city shall use the Fresno County income limits in Title 25, Section 6932 of the California Code of Regulations or other income limits adopted by the City Council if the State department of Housing and Community Development fails to provide timely updates of the income limits in the California Code of Regulations.
5. Duration of Affordability. All affordable housing units shall be kept affordable for a minimum period of fifty-five (55) years, or such other term approved by the city, consistent with State law
6. Regulatory Agreement Required. All affordable housing projects shall be subject to the approval of an agreement pursuant to conforming to the provisions of Sections 65864 to 65869 of the Government Code. The terms of the agreement shall be reviewed and revised as appropriate by the city planner and/or City Attorney, who shall formulate a recommendation to the decision-making body for final approval. This agreement shall include, but is not limited to, the following:
a. Number of Units. The total number of units approved for the projects, including the number of affordable housing units.
b. Target Units. The location, unit sizes (in square feet) and number of bedrooms of the affordable housing units.
c. Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the Affordable Sales Price.
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d. Certification Procedures. The party responsible for certifying sales prices or annual rental rates, and the process that will be used for certification. e. Schedule. A schedule for the completion and occupancy of the affordable housing units. f. Required Term of Affordability. Duration of affordability of the housing units. Provisions shall also cover resale control and deed restrictions on targeted housing units that are binding on property upon sale or transfer.
g. Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the city and/or the distribution of accrued equity for for-sale units.
h. Remedies for Breach. A description of the remedies for breach of the Agreement by either party.
i. If applicable, affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, shall not be imposed on a housing development's affordable units. i. Other Provisions. Other provisions to ensure implementation and compliance with this section. k. For Sale Units. In the case of dwelling units available for sale, the Regulatory Agreement shall provide for the following conditions governing the initial resale and use of affordable housing units:
1. Target units shall, upon initial sale, be sold to eligible Very Low, Lower, or Moderate Income Households at an Affordable Sales Price and Housing Cost.
2. Target units shall be initially owner-occupied by eligible Very Low or Lower Income Households.
3. Upon resale, the seller of a target unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture its proportionate share of appreciation, which shall be used to promote home ownership opportunities as provided for in Health and Safety Code Section 33334.2. The city's proportionate share shall be equal to the percentage by which the initial sale price to the targeted household was less than the fair market value of the dwelling unit at the time of initial sale.
7. Rental Housing Developments. In the case of rental housing developments, the Regulatory Agreement shall provide for the following conditions governing the use of Target Units during the use restriction period:
a. The rules and procedures for qualifying tenants, establishing affordable rent rates, filling vacancies, and maintaining Target Units for qualified tenants. b. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.
c. Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or cost of each Target Unit.
C. Lower Income Student Housing Standards.
1. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
2. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
3. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section Created: 2022-08-25 12:02:31 [EST]
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103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.
D. Density Bonus.
1. Minimum Density Bonus and Composition of Qualifying Projects. Pursuant to Government Code Section 65915, the city shall grant a density bonus in the amounts in Table 18.32.440 over the otherwise allowable maximum residential density permitted by this section and the General Plan, and one (1) or more additional concessions or incentives, consistent with Government Code Section 65915 and this section, if the applicant applies for and proposes to construct any one (1) of the following in the percentages described below in Table
18.32.440:
a. Lower Income Units.
b. Very Low Income Units.
c. Senior Citizen Housing Development.
d. Moderate Income Units.
e. Lower Income Student Housing.
f. Foster Youth, Disabled Veterans, or Homeless Units.
g. Land Donation. An applicant shall be eligible for the increased density bonus described in this subdivision if all of the following conditions are met:
1. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.
3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure.
4. The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.
5. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent subdivision (B), which shall be recorded on the property at the time of the transfer.
6. The land is transferred to the city or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.
7. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.
8. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
Table 18.32.440
DENSITY BONUS BY BASE DENSITY AFFORDABLE UNIT PERCENTAGE Created: 2022-08-25 12:02:31 [EST]
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Affordable Density Bonus
Unit Very Low Low Moderate Land Senior Foster Lower
Percentage Income Income Income Donation Citizen Youth, Income Housing Disabled Students
Veterans,
Homeless
20 22.5
25 27.5
2 30
10 32.5 20 15
11 35 21.5 16
38.75 23 17
42.5 24.5
46.25 26
27.5 29
30.5 32
33.5 35
38.75 42.5
46.25 20
50 50
36 31
37 32
35 38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
1002 80 80 80
Moderate Income units may be for sale or for rent.
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Affordable Density Bonus
Unit Very Low Low Moderate Land Senior Foster Lower
Percentage Income Income Income! Donation Citizen Youth, Income (%) Housing Disabled Students
Veterans,
Homeless
2100% affordable projects located within one-half mile of a major transit stop or in a very low vehicle travel area, the city shall not impose any limit on density.
2. Calculation of Density Bonus Units. When calculating the number of permitted density bonus units, all tractional units shall be rounded to the next higher whole number. The applicant who requests a density bonus for a project that meets two (2) or more of the eligibility requirements depicted in paragraph (1) shall specify whether the bonus shall be awarded on the basis of Section 18.32.440(D), Minimum Density Bonus and Composition of Qualifying Projects. The density bonus shall not be included when determining the number of target units to be provided in a development project.
3. Optional Density Bonus. The city may grant a proportionally lower density bonus and/or provide concessions and/or incentives set forth in Section 18.32.440(F), Affordable Housing Concessions and Incentives, if an applicant agrees to construct a development containing less than the percentage of housing for lower or very low income households than provided in Subsection (1) of this section.
E. State Childcare Facility Density Bonus.
1. Basic Requirements. When an applicant proposes to construct a housing development that conforms to the requirements of the State Density Bonus law and includes a childcare facility other than a Family Day Care Home that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:
a. Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility. For example, a 5,000 square foot childcare facility would result in a density bonus of 5,000 square feet of dwelling units. b. Additional Concession or Incentive. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
2. Conditions of Approval. The city shall require, as a condition of approving the housing development a. Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than the length of time during which the affordable housing units shall remain affordable. b. Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage of dwelling units in the project that are required for households at each income level.
3. Exceptions. The city shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon substantial evidence, the community has adequate childcare facilities.
F. Affordable Housing Concessions and Incentives.
1. Number of Incentives or Concessions. Pursuant to Government Code Section 65915, an applicant is entitled to receive incentives and/or concessions as follows:
a. One (1) incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development; or b. One (1) incentive or concession for senior citizen housing developments; or c. One (1) incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development; or Created: 2022-08-25 12:02:31 [EST]
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d. Two (2) incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development; or e. Three (3) incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development; or f. Four (4) incentives or concessions for projects with one-hundred (100) percent of the total units for lower income households, or at least eighty (80) percent lower income and the remaining amount for persons and families of moderate income in a condominium or planned development. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet. g. The applicant who requests incentives or concessions for a mixed-income project shall specify whether the incentives or concessions shall be awarded on the basis of paragraphs (a) through (f) of this section.
2. Proposal of Incentives and Findings. An applicant may propose specific incentives or concessions that would contribute significantly to the economic feasibility of providing affordable units pursuant to this section and State law. In addition to any increase in density to which an applicant is entitled, the city shall grant one (1) or more incentives and/or concessions that an applicant requests, up to the maximum number of incentives and concessions required pursuant to Subsection (1), unless the city makes a written finding that either:
a. The concession or incentive is not necessary in order to provide the proposed targeted units, or
b. The concession or incentive would have a specific adverse impact that cannot be feasibly mitigated on public health and safety or the physical environment or any property that is listed in the California Register of Historical Resources.
c. Notwithstanding the restriction in Subsection (F)(1) above, the applicant may propose and the city may approve additional incentives and concessions for an eligible project that provides targeted units that meet two (2) or more of the eligibility requirements based on a written finding that the additional incentives or concessions are necessary in order to make the project economically feasible.
3. Types of Affordable Housing Incentives. Affordable housing incentives may consist of any combination of the items listed below:
a. Reduction of Modification of Development Standards. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that still meet or exceed the minimum building code standards and fire code standards, including, but not limited to:
1. Reduced minimum lot sizes and/or dimensions.
2. Reduced minimum building setbacks and building separation requirements.
3. Reduced minimum outdoor and/or private usable open space requirements.
4. Increased maximum lot coverage.
5. Increased maximum building height.
b. Parking. Upon the applicant's request, the following maximum parking standards, inclusive of handicapped and guest parking, shall apply to the entire project. Further reductions in required parking may be requested as one (1) of the incentives allowed under Subsection (a).
1. One (1) on-site space for studios to one (1) bedroom units;
2. Two (2) on-site spaces for two (2) to three (3) bedroom units; and
3. Two and a half (2.5) on-site spaces for four (4) more bedroom units.
4. For purposes of this section, at the applicant's request, on-site parking may be provided through tandem parking or uncovered parking but not through on-street parking. c. Mixed Use Zoning. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial or other land uses will reduce the cost of the housing development and such uses are compatible with the housing project and the surrounding area. d. Other Incentives. Other regulatory incentives or concessions proposed by the developer or the city that result in identifiable cost reductions or avoidance, including the waiver or reduction of development Created: 2022-08-25 12:02:31 [EST]
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standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this subdivision (2).
G. Application Requirements and Review.
1. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the project application and shall be processed concurrently with all other applications required for the project. The application shall be submitted on a form provided by the city or, if the city has not prepared a form, the following information shall be provided:
a. A site plan showing the total number of units, the number and location of the units dedicated pursuant to California Government Code Section 65915(b), and the number and location of the proposed density bonus units;
b. The level of affordability of the dedicated units;
c. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards and evidence demonstrating that the application of the subject standard or requirement would preclude construction of the project at the densities provided for in California Government Code Section 65915 and that the waiver or modification is necessary to make development of the project financially feasible at the densities provided for in California Government Code Section 65915.
Preparation of an additional report or study not otherwise required by state law shall not be required; d. If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(h), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus; and e. If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(i), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(i) have been met, thus entitling the project to the requested density bonus.
2. Completeness review shall be limited to the items requested in the form or, if the city has not prepared a form, the information in subdivision (G)(1). Revisions to the application shall apply prospectively and not to existing applications.
3. If the application has been determined to be incomplete, the city shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the city's submittal requirement checklist. In any subsequent review, the city shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. Appeals of this determination can be made in the same manner as appeals to the City Council in Section 18.36.050, except that a final written determination shall be made no later than sixty (60) days after receipt of the applicant's written appeal.
4. If the applicant has been determined to be complete, the city shall immediately transmit its written determination to the applicant.
5. If the city does not transmit to the applicant its written determination within thirty (30) days, the application shall be deemed complete and processing shall commence.
6. Upon mutual agreeance between the city and the applicant, an extension of these timeframes shall be permitted.
H. Density Bonus Review. After the application has been deemed complete, the city shall provide the applicant with a determination as to the following matters:
1. The amount of density bonus for which the applicant is eligible;
2. The parking ration for which the applicant is eligible, if request;
3. Whether the applicant has provided adequate information for the city to make a determination as to the incentives, concessions, or waiver or reduction of developments requested by the applicant.
4. Appeals. Decisions to deny an incentive, concession, or waiver may be appealed in the same manner as appeals to the City Council in Section 18.36.050.
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I. Definitions.
1. "Affordable Sales Price" means a sales price at which lower or very low income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for development.
2. "Housing Cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowners' association fees, and a reasonable allowance for utilities.
3. "Target Unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low, lower or moderate income, or senior citizen households.
4. "Lower Income Units" means units that are affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
5. "Very Low Income Units" means units that are affordable to very low income households, as defined in Section 50105 of the Health and Safety Code.
6. "Senior Citizen Housing Development" means a housing development that qualifies as a Senior Citizen Housing Development, as defined in Section 51.3 of the Civil Code.
7. "Moderate Income Units" means units in a condominium project, or in a Planned Development, as defined in Subdivision (k) of Section 1351 of the Civil Code, that are affordable to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
8. Lower Income Student Housing" means units in a student housing development are affordable for lower income students.
9. Foster Youth, Disabled Veterans, or Homeless Units" means units that are affordable for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
18.32.450 Application for streamlined ministerial multifamily approval.
A. Applicability.
1. Size and Dwelling Requirements. A project is eligible for streamlined ministerial approval if the following criteria are met:
a. At least two-thirds of the square footage of the development is designated for residential use.
Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Government Code Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
b. Project is a multifamily housing development that contains at least two dwellings. For purposes of this section, a single family residence with an attached dwelling unit or junior accessory dwelling unit qualifies as a multifamily housing development.
2. Jurisdiction. Notwithstanding any law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or city, at the discretion of the California Department of Housing and Community Development.
3. Locational Requirements. A project is eligible if the following criteria are met:
a. The site is a legal parcel(s).
b. 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
Parcels that are only separated by a street or highway shall be considered to be adjoined. c. The project site satisfies any of the following:
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1. The site is zoned for residential use or residential mixed-use development.
2. The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
3. The site meets the requirements of the Middle Class Housing Act of 2022 (Gov. Code.
Section 65852.24).
d. The project site is not on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. e. The project site is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
f. The project site is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within the state responsibility area, as defined in Public Resources Code Section 4102. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
1. Public Resources Code Section 4291 or Government Code Section 51182, as applicable.
2. Public Resources Code Section 4290.
3. Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
g. The project site is not located on a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless either of the following apply:
1. The site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25296.10 subdivision (g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code Section 65962.5.
2. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to Health and Safety Code Section 25296.10 subdivision (c), has otherwise determined that the site is suitable for residential use or residential mixed uses.
h. The project site is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
i. The project site is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
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1. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
2. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
i. The project site is not located within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. k. The project site is not located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seg.), or other adopted natural resource protection plan.
I. The project site does not contain habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code, or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code. m. The project site is not under a conservation easement. n. The project site does not contain a tribal cultural resource that is on a national, state, tribal, or local historic register list.
o. The project site does not have a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subclause (6) of clause (b) of subparagraph (2) of paragraph (D). p. The project site is not an existing parcel of land or site that is governed under any of the following:
1. The Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
2. The Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code).
3. The Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
B. Parking Standards.
1. Parking. A minimum of one parking space per unit shall be provided, except that no parking spaces shall be required if any of the following instances apply:
a. The development is located within one-half mile of public transit. b. The development is located within an architecturally and historically significant historic district.
c. When on-street parking permits are required but not offered to the occupants of the development.
d. When there is a car share vehicle located within one block of the development.
C. Affordability and Labor Requirements.
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1. Affordability Requirements. A minimum percentage of below market rate units shall be mandated as follows.
a. 10 percent Affordability. If the city 1) did not adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, 2) did not submit its latest production report to the department by the time period required by Government Code Section 65400, or 3) that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period:
1. Rental units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income.
2. Owner units. The project shall dedicate a minimum of ten (10) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
3. Small project exemption. Projects of 10 units or less shall not be subject to the affordability requirement.
b. 50 percent Affordability. If the city's latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period, the project shall dedicate fifty (50) percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. c. The development proponent shall commit to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate income housing units required pursuant to this section shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
1. Rental units. Fifty-five (55) years.
2. Owned units. Forty-five (45) years.
2. Labor Requirements.
a. Small Projects. Projects of 10 units or less and are not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code are exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures. b. For projects of more than 10 units, the development proponent shall require in contracts with construction contractors, and shall certify to the city, that the following standards specified in this paragraph will be met in project construction, as applicable:
1. Prevailing Wage Requirements. A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by the city pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
a. All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. b. The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
c. All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
i. Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs Created: 2022-08-25 12:02:31 [EST]
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approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
ii. Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure.
For purposes of this subclause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
2. Enforcement.
a. The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
i. The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development. ii. An underpaid worker through an administrative complaint or civil action.
ili. A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
b. If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. c. This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
3. Large Projects. A development of 50 or more housing units approved by the city pursuant to this section shall meet all of the following labor standards:
a. The development proponent shall require in contracts with construction contractors and shall certify to the city that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in subclauses (b) and (c). A construction contractor is deemed in compliance with subclauses (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
b. A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. c. Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents O to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
d. Reporting.
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i. The development proponent shall provide to the city, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subclauses (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. ii. A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars (S10,000). Any contractor or subcontractor that fails to comply. with subclauses (b) and (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (b) and (c).
iii. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code.
Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
e. Recordkeeping. Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code. f. All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the city within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. g. A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to subclause (c) in accordance with Section 218.7 or 218.8 of the Labor Code.
4. Tall Projects. For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
a. Except as provided in subclause (b), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
i. The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (b). ii. The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation. ill. The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
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iv. When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
1. The prime contractor and subcontractors at every tier will comply with this chapter.
2. The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
3. The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors. b. Insufficient Skilled and Trained Workforce.
i. If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
ii. The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, "project labor agreement" means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
ill. Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a manager's unit or units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code. c. If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
i. An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
ii. Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
ili. Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
1. Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
2. Any organization representing contractors that may
perform work necessary to complete the project, including any contractors' association or regional builders' exchange.
3. For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
a. All projects developed on a site, regardless of when those development occur.
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b. All projects developed on sites adjacent to a site developed pursuant to this chapter if the adjacent site had been subdivided from the site developed pursuant to this chapter.
D. Implementation.
1. Applicability of other regulations. This section shall not affect a development proponent's ability to use any alternative streamlined by right permit processing adopted by the city.
2. Submittal Process.
a. Before submitting an application for a development subject to the streamlined, ministerial approval process, the development proponent shall submit to the city a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 18.32.450 Preliminary vesting right application for housing development projects. b. Tribal Scoping Consultation.
1. The city shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the city shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
2. The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
a. The city shall provide a formal notice of a development proponent's notice of intent to submit an application described in clause (a) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
i. A description of the proposed development.
ii. The location of the proposed development.
ill. An invitation to engage in a scoping consultation in accordance with this subdivision.
b. Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
c. The city shall commence the scoping consultation within 30 days of receiving a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision.
3. The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
4. Parties to Scoping Consultation.
a. The parties to a scoping consultation conducted pursuant to this subdivision shall be the city and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation.
However, the city, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe.
b. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
i. The development proponent and its consultants agree to respect the principles set forth in this subdivision.
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ii. The development proponent and its consultants engage in the scoping consultation in good faith.
ili. The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
5. Confidentiality. The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
a. Government Code Section 7927.000.
b. Government Code Section 7927.005.
c. Public Resources Code Section 21082.3, subdivision (c). c. California Code of Regulations, Title 14, Secretion 15120, subdivision (d). e. Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
6. Conclusion to Scoping Consultation.
a. A scoping consultation shall be deemed to be concluded if either of the following occur:
i. The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
ii. One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached. b. If the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development.
c. If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the city on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined ministerial approval process.
The city shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
d. If the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the city regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process. The city shall provide written documentation of that fact, and provide the following:
i. An explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
1. There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
2. The parties to the scoping consultation have not
documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment.
3. The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development. ii. Information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the city.
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